84R2669 JAM-D
By: Keffer H.B. No. 2308
A BILL TO BE ENTITLED
AN ACT
relating to the consideration by the Texas Commission on
Environmental Quality of the economic impact of an appropriation of
state water in determining whether to grant an application for the
appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Water Code, is amended
by adding Section 11.1274 to read as follows:
Sec. 11.1274. ADDITIONAL REQUIREMENT: ECONOMIC IMPACT
STUDY. The commission shall require from an applicant for a new or
amended water right the formulation and submission of an economic
impact study that assesses how approval or denial of the new or
amended water right will economically impact affected communities.
SECTION 2. Section 11.134(b), Water Code, is amended to
read as follows:
(b) The commission shall grant the application only if:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fee;
(2) unappropriated water is available in the source of
supply;
(3) the proposed appropriation:
(A) is intended for a beneficial use;
(B) does not impair existing water rights or
vested riparian rights;
(C) is not detrimental to the public welfare;
(D) considers any applicable environmental flow
standards established under Section 11.1471 and, if applicable, the
assessments performed under Sections 11.147(d) and (e) and Sections
11.150, 11.151, [and] 11.152, and 11.1521; and
(E) addresses a water supply need in a manner
that is consistent with the state water plan and the relevant
approved regional water plan for any area in which the proposed
appropriation is located, unless the commission determines that
conditions warrant waiver of this requirement; and
(4) the applicant has provided evidence that
reasonable diligence will be used to avoid waste and achieve water
conservation as defined by Section 11.002(8)(B).
SECTION 3. Subchapter D, Chapter 11, Water Code, is amended
by adding Section 11.1521 to read as follows:
Sec. 11.1521. ASSESSMENT OF ECONOMIC IMPACT OF PERMITS OR
AMENDMENTS. (a) In its consideration of an application for a
permit to store, take, or divert water, or for an amendment to a
permit, certified filing, or certificate of adjudication, the
commission shall assess the economic impact, if any, of the
issuance or denial of the permit or amendment on any community
affected by the issuance or denial of the permit or amendment and
may require the applicant to take reasonable actions to mitigate
adverse economic impacts on affected communities if the permit or
amendment is issued. In determining whether to require an
applicant to mitigate the adverse economic impact of a project
authorized by a permit or amendment, the commission may consider
any net benefit produced by the project.
(b) For the purposes of Subsection (a), the commission shall
consider among other factors:
(1) the study submitted by the applicant under Section
11.1274; and
(2) any testimony provided at a hearing on the
application held under Section 11.133.
SECTION 4. The changes in law made by this Act apply only to
an application for a new or amended water right received by the
Texas Commission on Environmental Quality on or after the effective
date of this Act. An application received before the effective date
of this Act is governed by the law in effect on the date the
application was received, and the former law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2015.