Texas House Bill HB3172

Texas 2015 - 84th Regular

Caption

Relating to emergency orders concerning water rights issued by the Texas Commission on Environmental Quality.

Impact

By amending Section 11.053 of the Water Code, HB3172 establishes clear criteria and procedures for issuing emergency orders based on drought conditions, which includes both notification and hearing processes. The bill’s provisions mandate that before an order is executed, there must be a classification of a severe drought by the National Drought Mitigation Center and a significant inability for senior water rights holders to access essential surface water. This impacts state laws by reinforcing the authority of TCEQ in managing water resources during emergencies while responding swiftly to public health or safety hazards.

Summary

House Bill 3172 addresses the urgent need for streamlined procedures regarding emergency orders related to water rights during drought conditions in Texas. The bill specifically empowers the executive director of the Texas Commission on Environmental Quality (TCEQ) to issue orders that can temporarily suspend water rights or adjust diversions of water by water rights holders during severe droughts. This primarily aims to ensure that essential water needs are met during critical shortages while balancing the rights of current water holders and conservation efforts.

Contention

Discussion around this bill indicates some tension between water rights holders and environmentalists, who may have concerns regarding the scope of executive power being granted. Some critics argue that the bill could lead to unfavorable outcomes for farmers or communities that rely heavily on secure water access. Moreover, there may be contention regarding how the term 'beneficial use' is defined and interpreted, potentially favoring larger agricultural interests over smaller water rights holders. Advocates for the bill counter that such measures are essential in times of acute water scarcity to prevent waste and maximize the utilization of available resources.