Texas 2013 - 83rd Regular

Texas House Bill HB3233 Compare Versions

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1	1	By: Ritter, Johnson, Taylor H.B. No. 3233
2	2	(Senate Sponsor - Fraser)
3	3	(In the Senate - Received from the House May 8, 2013;
4	4	May 9, 2013, read first time and referred to Committee on Natural
5	5	Resources; May 15, 2013, reported favorably by the following vote:
6	6	Yeas 11, Nays 0; May 15, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to interbasin transfers of state water.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 11.085(b), (e), (g), (l), (n), and (v),
14	14	Water Code, are amended to read as follows:
15	15	(b) The application must include:
16	16	(1) the contract price of the water to be transferred;
17	17	(2) a statement of each general category of proposed
18	18	use of the water to be transferred and a detailed description of the
19	19	proposed uses and users under each category; and
20	20	(3) the cost of diverting, conveying, distributing,
21	21	and supplying the water to, and treating the water for, the proposed
22	22	users[; and
23	23	[(4) the projected effect on user rates and fees for
24	24	each class of ratepayers].
25	25	(e) In addition to the public meetings required by
26	26	Subsection (d) [of this section], if the application is contested
27	27	in a manner requiring an evidentiary hearing under the rules of the
28	28	commission, the commission shall give notice and hold an
29	29	evidentiary hearing, in accordance with commission rules and
30	30	applicable state law. An evidentiary hearing on an application to
31	31	transfer water authorized under an existing water right is limited
32	32	to considering issues related to the requirements of this section.
33	33	(g) The applicant shall cause the notice of application for
34	34	an interbasin transfer to be published in two different weeks
35	35	within a 30-day period [once a week for two consecutive weeks] in
36	36	one or more newspapers having general circulation in each county
37	37	located in whole or in part in the basin of origin or the receiving
38	38	basin. The published notice may not be smaller than 96.8 square
39	39	centimeters or 15 square inches with the shortest dimension at
40	40	least 7.6 centimeters or three inches. The notice of application
41	41	and public meetings shall be combined in the mailed and published
42	42	notices.
43	43	(l) The commission may grant, in whole or in part, an
44	44	application for an interbasin transfer only to the extent that:
45	45	(1) the detriments to the basin of origin during the
46	46	proposed transfer period are less than the benefits to the
47	47	receiving basin during the proposed transfer period, as determined
48	48	by the commission based on consideration of the factors described
49	49	by Subsection (k); and
50	50	(2) the applicant for the interbasin transfer has
51	51	prepared a drought contingency plan and has developed and
52	52	implemented a water conservation plan that will result in the
53	53	highest practicable levels of water conservation and efficiency
54	54	achievable within the jurisdiction of the applicant.
55	55	(n) If the transfer of water is based on a contractual sale
56	56	of water, the new water right or amended permit, certified filing,
57	57	or certificate of adjudication authorizing the transfer shall
58	58	contain a condition for a term or period not greater than the term
59	59	of the contract, including any extension or renewal of the contract
60	60	[term].
61	61	(v) The provisions of this section, except Subsection (a),
62	62	do not apply to:
63	63	(1) a proposed transfer which in combination with any
64	64	existing transfers totals less than 3,000 acre-feet of water per
65	65	annum from the same permit, certified filing, or certificate of
66	66	adjudication;
67	67	(2) a request for an emergency transfer of water;
68	68	(3) a proposed transfer from a basin to its adjoining
69	69	coastal basin;
70	70	(4) a proposed transfer from the part of the
71	71	geographic area of [a basin to] a county or municipality, or the
72	72	part of the retail service area of a retail public utility as
73	73	defined by Section 13.002, [the municipality's retail service area]
74	74	that is [partially] within the basin of origin for use in that part
75	75	of the geographic area of the county or municipality, or that
76	76	contiguous part of the retail service area of the utility, [and the
77	77	municipality's retail service area] not within the basin of origin;
78	78	or
79	79	(5) a proposed transfer of water that is:
80	80	(A) imported from a source located wholly outside
81	81	the boundaries of this state, except water that is imported from a
82	82	source located in the United Mexican States;
83	83	(B) for use in this state; and
84	84	(C) transported by using the bed and banks of any
85	85	flowing natural stream located in this state.
86	86	SECTION 2. The changes in law made by this Act apply only to
87	87	an application for an interbasin transfer filed with the Texas
88	88	Commission on Environmental Quality on or after the effective date
89	89	of this Act. An application filed before the effective date of this
90	90	Act is governed by the law in effect on the date the application was
91	91	filed, and the former law is continued in effect for that purpose.
92	92	SECTION 3. This Act takes effect September 1, 2013.
93	93	* * * * *