83R14052 JAM-F
By: Ritter H.B. No. 2720
Substitute the following for H.B. No. 2720:
By: Callegari C.S.H.B. No. 2720
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the law governing emergency
authorizations by the Texas Commission on Environmental Quality for
the use of state water to certain emergency orders concerning water
rights issued by the executive director of the commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 11.053, Water Code, is
amended to read as follows:
Sec. 11.053. COMMISSION AUTHORITY TO SUSPEND OR ADJUST
[EMERGENCY ORDER CONCERNING] WATER RIGHTS DURING PERIODS OF DROUGHT
OR WATER SHORTAGE.
SECTION 2. Section 11.053(a), Water Code, is amended to
read as follows:
(a) During a period of drought or other emergency shortage
of water, as defined by commission rule, the executive director by
order may, in accordance with the priority of water rights
established by Section 11.027:
(1) temporarily suspend the right of any person who
holds a water right to use the water; and
(2) temporarily adjust the diversions of water by
water rights holders to address an imminent hazard to the health,
safety, or welfare of the public.
SECTION 3. The heading to Section 11.139, Water Code, is
amended to read as follows:
Sec. 11.139. REQUEST TO TRANSFER WATER TEMPORARILY
[EMERGENCY AUTHORIZATIONS].
SECTION 4. Section 11.139, Water Code, is amended by
amending Subsections (b), (h), and (j) and adding Subsection (m) to
read as follows:
(b) A person desiring to obtain an emergency authorization
to transfer water temporarily under Subsection (h) [this section]
shall submit to the commission a sworn application containing the
following information:
(1) a description of the condition of emergency
justifying the granting of the emergency authorization;
(2) a statement setting forth facts which support the
findings required under this section;
(3) an estimate of the dates on which the proposed
authorization should begin and end;
(4) a description of the action sought and the
activity proposed to be allowed, mandated, or prohibited; and
(5) any other statements or information required by
the commission.
(h) The commission may grant an emergency authorization
under this section for the temporary transfer and use of all or part
of a permit, certified filing, or certificate of adjudication for
other than domestic or municipal use to a retail or wholesale water
supplier for public health and safety purposes. In addition to the
requirements contained in Subsection (b) [of this section], the
commission may direct that the applicant will timely pay the
amounts for which the applicant may be potentially liable under
Subsection (j) [of this section] and to the extent authorized by law
will fully indemnify and hold harmless the state, the executive
director, and the commission from any and all liability for the
authorization sought. The commission may order bond or other
surety in a form acceptable to the commission as a condition for
such emergency authorization. The commission may not grant an
emergency authorization under this section which would cause a
violation of a federal regulation. The commission may not grant an
emergency authorization under this subsection until a method for
calculating and remitting the compensation due under Subsection (j)
has been agreed on by the person to be granted an emergency
authorization for the temporary transfer and the holder of the
water right or the water right holder's agent or lessee from whom
the use is to be transferred.
(j) The person granted an emergency authorization for a
temporary transfer under Subsection (h) [of this section] is liable
to the holder of the water right [owner] and the water right
holder's [owner's] agent or lessee from whom the use is transferred
for the fair market value of the water transferred as well as for
any damages caused by the transfer of use. If, within 60 days of the
termination of the authorization, the parties do not agree on the
amount due, or if full payment is not made, either party may file a
complaint with the commission to determine the amount due. The
commission may use dispute resolution procedures for a complaint
filed under this subsection. After exhausting all administrative
remedies under this subsection, an owner from whom the use is
transferred may file suit to recover or determine the amount due in
a district court in the county where the owner resides or has its
headquarters. The prevailing party in a suit filed under this
subsection is entitled to recover court costs and reasonable
attorney's fees.
(m) This section does not apply to a suspension or
adjustment ordered by the executive director under Section 11.053.
SECTION 5. This Act takes effect September 1, 2013.