84R10507 SLB-D
By: Frank H.B. No. 2805
A BILL TO BE ENTITLED
AN ACT
relating to the priority applicable to certain interbasin transfers
of water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.085(s) and (t), Water Code, are
amended to read as follows:
(s) This subsection does not apply to a transfer of water
between the Red River basin and the Trinity River basin. Any
proposed transfer of all or a portion of a water right under this
section is junior in priority to water rights granted before the
time application for transfer is accepted for filing.
(t) This subsection does not apply to a transfer of water
between the Red River basin and the Trinity River basin. Any
proposed transfer of all or a portion of a water right under this
section from a river basin in which two or more river authorities or
water districts created under Section 59, Article XVI, Texas
Constitution, have written agreements or permits that provide for
the coordinated operation of their respective reservoirs to
maximize the amount of water for beneficial use within their
respective water services areas shall be junior in priority to
water rights granted before the time application for transfer is
accepted for filing.
SECTION 2. (a) This Act applies only to an application for
a water right or an amendment to a permit, certified filing, or
certificate of adjudication authorizing an interbasin transfer of
water that is accepted for filing on or after the effective date of
this Act.
(b) An application for a water right or an amendment to a
permit, certified filing, or certificate of adjudication
authorizing an interbasin transfer of water that is accepted for
filing before the effective date of this Act is governed by the law
in effect at the time the application is accepted for filing, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.