Texas 2015 - 84th Regular

Texas House Bill HB3172 Compare Versions

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

Old	New	Differences
1	1	84R4581 JXC-F
2	2	By: Schaefer H.B. No. 3172
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to emergency orders concerning water rights issued by the
8	8	Texas Commission on Environmental Quality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.053, Water Code, is amended to read as
11	11	follows:
12	12	Sec. 11.053. EMERGENCY ORDER CONCERNING WATER RIGHTS. (a)
13	13	For the purposes of this section:
14	14	(1) "Drought" means a period classified as a "severe
15	15	drought" or "D2" by the National Drought Mitigation Center in
16	16	accordance with the center's Drought Severity Classification
17	17	scheme.
18	18	(2) "Emergency shortage of water" means a condition
19	19	under which a senior water right holder is unable to obtain surface
20	20	water when there is:
21	21	(A) an emergency period that poses a hazard to
22	22	public health or safety; or
23	23	(B) a condition affecting hydraulic systems that
24	24	impairs or interferes with conveyance or delivery of water for
25	25	authorized users.
26	26	(b) During a period of drought or when there is an [other]
27	27	emergency shortage of water, [as defined by commission rule,] the
28	28	executive director by order may, in accordance with the priority of
29	29	water rights established by Section 11.027:
30	30	(1) temporarily suspend the right of any person who
31	31	holds a water right to use the water; and
32	32	(2) temporarily adjust the diversions of water by
33	33	water rights holders.
34	34	(c) During a period of drought, the executive director may
35	35	not issue an order under this section unless the commission has
36	36	determined that each county in the basin of the river that would be
37	37	subject to the order has been in a drought for at least 30
38	38	consecutive days before the date the order is issued. If the period
39	39	of suspension or adjustment in the order is longer than six months,
40	40	the commission shall review the determination made for the order at
41	41	least once every six months to determine whether the drought in the
42	42	river basin is still severe.
43	43	(d) When there is an emergency shortage of water, the
44	44	executive director may not issue an order under this section unless
45	45	each senior water right holder that would benefit from the order
46	46	demonstrates to the executive director that the holder:
47	47	(1) has used reasonable intelligence and reasonable
48	48	diligence to conserve water;
49	49	(2) requires surface water for a beneficial use; and
50	50	(3) is unable to obtain sufficient surface water for
51	51	the beneficial use using the right.
52	52	(e)[(b)] The executive director in ordering a suspension or
53	53	adjustment under this section shall ensure that an action taken:
54	54	(1) maximizes the beneficial use of water;
55	55	(2) minimizes the impact on water rights holders;
56	56	(3) prevents the waste of water;
57	57	(4) takes into consideration the efforts of the
58	58	affected water rights holders to develop and implement the water
59	59	conservation plans and drought contingency plans required by this
60	60	chapter;
61	61	(5) to the greatest extent practicable, conforms to
62	62	the order of preferences established by Section 11.024; and
63	63	(6) does not require the release of water that, at the
64	64	time the order is issued, is lawfully stored in a reservoir under
65	65	water rights associated with that reservoir.
66	66	(f) Except as provided by Subsection (i), the executive
67	67	director shall notify the water rights holders who may be affected
68	68	by an order proposed to be issued under this section of the proposed
69	69	order not later than the 30th day before the date the proposed order
70	70	takes effect.
71	71	(g) Not later than the 14th day after the date a person
72	72	receives the notice, the person may request that the commission
73	73	hold a hearing to affirm, modify, or set aside the proposed order.
74	74	(h) If the commission receives a request under Subsection
75	75	(g), the commission shall hold a hearing on the proposed order
76	76	before the date the proposed order takes effect. At or following the
77	77	hearing, but not later than the date the proposed order takes
78	78	effect, the commission shall affirm, modify, or set aside the
79	79	proposed order.
80	80	(i) The executive director may issue an order under this
81	81	section without first providing notice or a hearing if the order is
82	82	issued to respond to a sudden and unexpected emergency. The order
83	83	shall set a time and place for a hearing before the commission to
84	84	affirm, modify, or set aside the order. The date of the hearing must
85	85	be as soon as practicable after the date the order is issued, but
86	86	not later than the 45th day after the date the order is issued. The
87	87	executive director shall provide notice of the hearing to holders
88	88	of water rights suspended by the order not later than the 10th day
89	89	before the date of the hearing.
90	90	(j)[(c)] The commission shall adopt rules to implement this
91	91	section, including rules[:
92	92	[(1) defining a drought or other emergency shortage of
93	93	water for purposes of this section; and
94	94	[(2)] specifying the:
95	95	(1)[(A)] conditions under which the executive
96	96	director may issue an order under this section;
97	97	(2)[(B)] terms of an order issued under this section,
98	98	including the maximum duration of a temporary suspension or
99	99	adjustment under this section; and
100	100	(3)[(C)] procedures for notice of and[,] an
101	101	opportunity for a hearing on[, and the appeal to the commission of]
102	102	an order issued under this section.
103	103	(k) An order suspending a water right or adjusting a
104	104	diversion by a water right holder issued under this section does not
105	105	limit the commission's authority to:
106	106	(1) grant an emergency permit, order, or amendment to
107	107	an existing permit, certified filing, or certificate of
108	108	adjudication to a water right holder under Section 11.139; or
109	109	(2) suspend a permit condition or make water available
110	110	temporarily under Section 11.148.
111	111	SECTION 2. This Act takes effect September 1, 2015.