84R11334 SLB-F
By: Larson H.B. No. 3324
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for obtaining an interbasin water
transfer permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.085(d), (k), (l), and (v), Water
Code, are amended to read as follows:
(d) Prior to taking action on an application for an
interbasin transfer, the commission shall conduct at least one
public meeting to receive comments in both the basin of origin of
the water proposed for transfer and the basin receiving water from
the proposed transfer. Notice shall be provided under Section
11.132 [pursuant to Subsection (g) of this section]. Any person may
present relevant information and data at the meeting on the
criteria which the commission is to consider related to the
interbasin transfer.
(k) In addition to other requirements of this code relating
to the review of and action on an application for a new water right
or amended permit, certified filing, or certificate of
adjudication, the commission shall weigh the effects of the
proposed transfer by considering:
(1) the need for the water in the basin of origin and
in the proposed receiving basin based on the period for which the
water supply is requested, but not to exceed 50 years;
(2) factors identified in the applicable approved
regional water plans which address the following:
(A) the availability of feasible and practicable
alternative supplies in the receiving basin to the water proposed
for transfer;
(B) the amount and purposes of use in the
receiving basin for which water is needed;
(C) proposed methods and efforts by the receiving
basin to avoid waste and implement water conservation and drought
contingency measures;
(D) proposed methods and efforts by the receiving
basin to put the water proposed for transfer to beneficial use;
(E) the projected economic impact that is
reasonably expected to occur in each basin as a result of the
transfer; and
(F) the projected impacts of the proposed
transfer that are reasonably expected to occur on existing water
rights, instream uses, water quality, aquatic and riparian habitat,
and bays and estuaries that must be assessed under Sections 11.147,
11.150, and 11.152 [of this code] in each basin. If the water
sought to be transferred is currently authorized to be used under an
existing permit, certified filing, or certificate of adjudication,
such impacts shall only be considered in relation to that portion of
the permit, certified filing, or certificate of adjudication
proposed for transfer and shall be based on historical uses of the
permit, certified filing, or certificate of adjudication for which
amendment is sought;
(3) [proposed mitigation or compensation, if any, to
the basin of origin by the applicant;
[(4)] the continued need to use the water for the
purposes authorized under the existing permit, certified filing, or
certificate of adjudication, if an amendment to an existing water
right is sought; [and]
(4) the effect of the proposed transfer of water on
promoting the highest efficiency and productivity of water use in
this state; and
(5) the information required to be submitted by the
applicant.
(l) The commission may grant, in whole or in part, an
application for an interbasin transfer only to the extent that[:
[(1) the detriments to the basin of origin during the
proposed transfer period are less than the benefits to the
receiving basin during the proposed transfer period, as determined
by the commission based on consideration of the factors described
by Subsection (k); and
[(2)] the applicant for the interbasin transfer has
prepared a drought contingency plan and has developed and
implemented a water conservation plan that will result in the
highest practicable levels of water conservation and efficiency
achievable within the jurisdiction of the applicant.
(v) The provisions of this section, except Subsection (a),
do not apply to:
(1) a proposed transfer which in combination with any
existing transfers totals less than 3,000 acre-feet of water per
annum from the same permit, certified filing, or certificate of
adjudication;
(2) a request for an emergency transfer of water;
(3) a proposed transfer from a basin to its adjoining
coastal basin;
(4) a proposed transfer from the part of the
geographic area of a county or municipality, or the part of the
retail service area of a retail public utility as defined by Section
13.002, that is within the basin of origin for use in that part of
the geographic area of the county or municipality, or that
contiguous part of the retail service area of the utility, not
within the basin of origin; [or]
(5) a proposed transfer of water that is:
(A) imported from a source located wholly outside
the boundaries of this state, except water that is imported from a
source located in the United Mexican States; and
(B) for use in this state;
(6) a proposed transfer of water resulting from
recycled or desalinated water produced in the basin of origin; or
(7) a proposed transfer of treated wastewater derived
from water that was transferred to the basin of origin of the
proposed transfer from the basin to which the effluent is returned
[and
[(C) transported by using the bed and banks of
any flowing natural stream located in this state].
SECTION 2. Sections 11.085(b), (c), (f), (g), (h), (i),
(j), and (o), Water Code, are repealed.
SECTION 3. (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 4. 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.