Texas 2015 - 84th Regular

Texas House Bill HB2308 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2669 JAM-D
2	2	By: Keffer H.B. No. 2308
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consideration by the Texas Commission on
8	8	Environmental Quality of the economic impact of an appropriation of
9	9	state water in determining whether to grant an application for the
10	10	appropriation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 11, Water Code, is amended
13	13	by adding Section 11.1274 to read as follows:
14	14	Sec. 11.1274. ADDITIONAL REQUIREMENT: ECONOMIC IMPACT
15	15	STUDY. The commission shall require from an applicant for a new or
16	16	amended water right the formulation and submission of an economic
17	17	impact study that assesses how approval or denial of the new or
18	18	amended water right will economically impact affected communities.
19	19	SECTION 2. Section 11.134(b), Water Code, is amended to
20	20	read as follows:
21	21	(b) The commission shall grant the application only if:
22	22	(1) the application conforms to the requirements
23	23	prescribed by this chapter and is accompanied by the prescribed
24	24	fee;
25	25	(2) unappropriated water is available in the source of
26	26	supply;
27	27	(3) the proposed appropriation:
28	28	(A) is intended for a beneficial use;
29	29	(B) does not impair existing water rights or
30	30	vested riparian rights;
31	31	(C) is not detrimental to the public welfare;
32	32	(D) considers any applicable environmental flow
33	33	standards established under Section 11.1471 and, if applicable, the
34	34	assessments performed under Sections 11.147(d) and (e) and Sections
35	35	11.150, 11.151, [and] 11.152, and 11.1521; and
36	36	(E) addresses a water supply need in a manner
37	37	that is consistent with the state water plan and the relevant
38	38	approved regional water plan for any area in which the proposed
39	39	appropriation is located, unless the commission determines that
40	40	conditions warrant waiver of this requirement; and
41	41	(4) the applicant has provided evidence that
42	42	reasonable diligence will be used to avoid waste and achieve water
43	43	conservation as defined by Section 11.002(8)(B).
44	44	SECTION 3. Subchapter D, Chapter 11, Water Code, is amended
45	45	by adding Section 11.1521 to read as follows:
46	46	Sec. 11.1521. ASSESSMENT OF ECONOMIC IMPACT OF PERMITS OR
47	47	AMENDMENTS. (a) In its consideration of an application for a
48	48	permit to store, take, or divert water, or for an amendment to a
49	49	permit, certified filing, or certificate of adjudication, the
50	50	commission shall assess the economic impact, if any, of the
51	51	issuance or denial of the permit or amendment on any community
52	52	affected by the issuance or denial of the permit or amendment and
53	53	may require the applicant to take reasonable actions to mitigate
54	54	adverse economic impacts on affected communities if the permit or
55	55	amendment is issued. In determining whether to require an
56	56	applicant to mitigate the adverse economic impact of a project
57	57	authorized by a permit or amendment, the commission may consider
58	58	any net benefit produced by the project.
59	59	(b) For the purposes of Subsection (a), the commission shall
60	60	consider among other factors:
61	61	(1) the study submitted by the applicant under Section
62	62	11.1274; and
63	63	(2) any testimony provided at a hearing on the
64	64	application held under Section 11.133.
65	65	SECTION 4. The changes in law made by this Act apply only to
66	66	an application for a new or amended water right received by the
67	67	Texas Commission on Environmental Quality on or after the effective
68	68	date of this Act. An application received before the effective date
69	69	of this Act is governed by the law in effect on the date the
70	70	application was received, and the former law is continued in effect
71	71	for that purpose.
72	72	SECTION 5. This Act takes effect September 1, 2015.