| 1 | 1 | | 81R14104 PMO-D |
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| 2 | 2 | | By: King of Zavala H.B. No. 4776 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain rights of a person who holds an irrigation |
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| 8 | 8 | | permit issued by the Edwards Aquifer Authority. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1.34, Chapter 626, Acts of the 73rd |
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| 11 | 11 | | Legislature, Regular Session, 1993, is amended by adding |
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| 12 | 12 | | Subsections (b-1), (d), (e), and (f) and amending Subsection (c) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b-1) In this section: |
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| 15 | 15 | | (1) "Developed" means physically altered by the |
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| 16 | 16 | | installation of utilities and: |
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| 17 | 17 | | (A) impervious cover, including streets, parking |
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| 18 | 18 | | lots, driveways, foundations, structures, buildings, or similar |
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| 19 | 19 | | improvements that prevent rainwater infiltration; or |
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| 20 | 20 | | (B) a large turf watering system for a golf |
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| 21 | 21 | | course. |
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| 22 | 22 | | (2) "Historically irrigated land" means land |
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| 23 | 23 | | irrigated during the historical period described by Section 1.16(a) |
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| 24 | 24 | | of this Act and identified as the place of use in an initial regular |
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| 25 | 25 | | permit for irrigation use. |
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| 26 | 26 | | (c) Except as otherwise provided by this section: |
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| 27 | 27 | | (1) a [A] permit holder may lease permitted water |
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| 28 | 28 | | rights, but a holder of a permit for irrigation use may not lease |
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| 29 | 29 | | more than 50 percent of the irrigation rights initially permitted; |
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| 30 | 30 | | and |
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| 31 | 31 | | (2) the [. The] user's remaining irrigation water |
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| 32 | 32 | | rights must be used in accordance with the original permit and must |
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| 33 | 33 | | pass with transfer of the irrigated land. |
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| 34 | 34 | | (d) Notwithstanding Subsection (c) of this section: |
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| 35 | 35 | | (1) the remaining 50 percent of the irrigation rights |
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| 36 | 36 | | initially permitted appurtenant to historically irrigated land is |
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| 37 | 37 | | not required to pass with the transfer of historically irrigated |
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| 38 | 38 | | land if, at the time of the transfer, the historically irrigated |
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| 39 | 39 | | land is developed, to the extent that the land transferred is |
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| 40 | 40 | | developed or is transferred for development; and |
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| 41 | 41 | | (2) subject to Subsection (e), the following persons |
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| 42 | 42 | | may convert irrigation rights initially permitted appurtenant to |
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| 43 | 43 | | historically irrigated land into a right to withdraw water from the |
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| 44 | 44 | | historically irrigated land for another purpose: |
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| 45 | 45 | | (A) the owner of the historically irrigated land; |
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| 46 | 46 | | or |
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| 47 | 47 | | (B) the original holder of irrigation rights |
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| 48 | 48 | | initially permitted appurtenant to the historically irrigated |
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| 49 | 49 | | land, or the successor in interest of the original holder, if the |
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| 50 | 50 | | holder reserves the authority to convert the permitted right at the |
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| 51 | 51 | | time the historically developed land is transferred after being |
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| 52 | 52 | | developed or is transferred for development. |
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| 53 | 53 | | (e) A person described by Subsection (d)(2) of this section |
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| 54 | 54 | | may apply to the district to convert to another use the irrigation |
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| 55 | 55 | | rights initially permitted appurtenant to historically irrigated |
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| 56 | 56 | | land. The district shall provide that irrigation rights initially |
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| 57 | 57 | | permitted appurtenant to historically irrigated land that is not |
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| 58 | 58 | | wholly developed may be converted only to the extent that the |
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| 59 | 59 | | historically irrigated land is developed, so that the proportion |
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| 60 | 60 | | the permitted right to withdraw water for irrigation purposes on |
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| 61 | 61 | | the historically irrigated land bears to the permitted right to |
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| 62 | 62 | | withdraw water for another purpose from the developed land is the |
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| 63 | 63 | | same as the proportion of the acreage of historically irrigated |
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| 64 | 64 | | land to which the irrigation water right is appurtenant bears to the |
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| 65 | 65 | | acreage of the developed portion of the historically irrigated |
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| 66 | 66 | | land. |
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| 67 | 67 | | (f) Water withdrawn from historically irrigated land after |
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| 68 | 68 | | the irrigation rights initially permitted appurtenant to the |
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| 69 | 69 | | historically irrigated land are converted to a right to withdraw |
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| 70 | 70 | | the water for another purpose may be used only in the county in |
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| 71 | 71 | | which the historically irrigated land is located. |
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| 72 | 72 | | SECTION 2. This Act takes effect September 1, 2009. |
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