| 1 | 1 | | 84R25419 SLB-F |
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| 2 | 2 | | By: Frank H.B. No. 2805 |
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| 3 | 3 | | Substitute the following for H.B. No. 2805: |
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| 4 | 4 | | By: Larson C.S.H.B. No. 2805 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the priority applicable to certain interbasin transfers |
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| 10 | 10 | | of water. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 11.085(s), Water Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (s) Any proposed transfer of all or a portion of a water |
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| 15 | 15 | | right under this section is junior in priority to water rights |
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| 16 | 16 | | granted before the time application for transfer is accepted for |
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| 17 | 17 | | filing. This subsection does not apply to a transfer of water |
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| 18 | 18 | | between the following entities: |
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| 19 | 19 | | (1) a water control and improvement district that: |
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| 20 | 20 | | (A) has boundaries that are coextensive with the |
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| 21 | 21 | | boundaries of a municipality with a population of more than |
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| 22 | 22 | | 700,000; and |
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| 23 | 23 | | (B) is located in a river basin with a population |
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| 24 | 24 | | of more than six million; and |
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| 25 | 25 | | (2) a municipality that: |
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| 26 | 26 | | (A) has a population of more than 100,000; and |
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| 27 | 27 | | (B) is located in: |
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| 28 | 28 | | (i) the basin of a river that: |
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| 29 | 29 | | (a) forms a boundary between this |
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| 30 | 30 | | state and another state; and |
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| 31 | 31 | | (b) does not flow into the Gulf of |
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| 32 | 32 | | Mexico at a point located in this state; and |
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| 33 | 33 | | (ii) a county that is included in an |
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| 34 | 34 | | emergency disaster proclamation issued by the governor. |
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| 35 | 35 | | SECTION 2. (a) This Act applies only to an application for |
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| 36 | 36 | | a water right or an amendment to a permit, certified filing, or |
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| 37 | 37 | | certificate of adjudication authorizing an interbasin transfer of |
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| 38 | 38 | | water that is accepted for filing on or after the effective date of |
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| 39 | 39 | | this Act. |
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| 40 | 40 | | (b) An application for a water right or an amendment to a |
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| 41 | 41 | | permit, certified filing, or certificate of adjudication |
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| 42 | 42 | | authorizing an interbasin transfer of water that is accepted for |
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| 43 | 43 | | filing before the effective date of this Act is governed by the law |
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| 44 | 44 | | in effect at the time the application is accepted for filing, and |
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| 45 | 45 | | the former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2015. |
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