Texas 2009 - 81st Regular

Texas Senate Bill SB2318 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Averitt S.B. No. 2318
2	2	(In the Senate - Filed March 18, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Natural Resources;
4	4	April 15, 2009, reported favorably by the following vote: Yeas 9,
5	5	Nays 0; April 15, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the use and management of surface water resources.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.002, Water Code, is amended by
13	13	amending Subdivision (1) and adding Subdivision (7) to read as
14	14	follows:
15	15	(1) "Commission" means the Texas [Natural Resource
16	16	Conservation] Commission on Environmental Quality.
17	17	(7) "Developed water" means:
18	18	(A) groundwater that is in a watercourse or
19	19	stream, that would not be in the watercourse or stream but for the
20	20	efforts of the developer, and that is intended for subsequent
21	21	diversion and use by the developer;
22	22	(B) surface water obtained through an approved
23	23	interbasin transfer of water that is in a watercourse or stream,
24	24	that would not be in the watercourse or stream but for the efforts
25	25	of the developer, and that is intended for subsequent diversion and
26	26	use by the developer;
27	27	(C) waters imported from another state; and
28	28	(D) waters originating in the bays or arms of the
29	29	Gulf of Mexico.
30	30	SECTION 2. Subsection (e), Section 11.023, Water Code, is
31	31	amended to read as follows:
32	32	(e) The amount of water appropriated for each purpose
33	33	mentioned in this section shall be specifically appropriated,
34	34	stored, or diverted for that purpose, subject to the preferences
35	35	prescribed in Section 11.024 of this code. The commission may
36	36	authorize appropriation of a single amount or volume of water for
37	37	more than one purpose of use. In the event that a single amount or
38	38	volume of water is appropriated for more than one purpose of use,
39	39	the total amount of water actually diverted for all of the
40	40	authorized purposes may not exceed the total amount of water
41	41	appropriated.
42	42	SECTION 3. Subsection (b), Section 11.042, Water Code, is
43	43	amended to read as follows:
44	44	(b) A person who wishes to discharge and then subsequently
45	45	divert and reuse the person's existing return flows derived from
46	46	developed water [privately owned groundwater] must obtain prior
47	47	authorization from the commission for the diversion and the reuse
48	48	of these return flows. The authorization may allow for the
49	49	diversion and reuse by the discharger of existing return flows,
50	50	less carriage losses, and shall be subject to special conditions if
51	51	necessary to protect an existing water right that was granted based
52	52	on the use or availability of these return flows. Special
53	53	conditions may also be provided to help maintain instream uses and
54	54	freshwater inflows to bays and estuaries. A person wishing to
55	55	divert and reuse future increases of return flows derived from
56	56	developed water [privately owned groundwater] must obtain
57	57	authorization to reuse increases in return flows before the
58	58	increase.
59	59	SECTION 4. Subsection (c), Section 11.126, Water Code, is
60	60	amended to read as follows:
61	61	(c) If the application proposes construction of a dam
62	62	greater than six feet in height measured from the channel invert
63	63	elevation to the top of the dam either for diversion or storage, the
64	64	executive director may also require filing a copy of all plans and
65	65	specifications and a copy of the engineer's field notes of any
66	66	survey of the lake or reservoir. No work on the project shall
67	67	proceed until approval of the plans is obtained from the executive
68	68	director.
69	69	SECTION 5. This Act takes effect September 1, 2009.
70	70	* * * * *