84R21681 SLB-F
By: Larson H.B. No. 3324
Substitute the following for H.B. No. 3324:
By: Kacal C.S.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. Section 11.085(v), Water Code, is amended to
read as follows:
(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;
(B) for use in this state; and
(C) transported by using the bed and banks of any
flowing natural stream located in this state;
(6) a proposed transfer of water based on a
substitution or exchange of an equal or greater quantity of
reclaimed or desalinated water that is first made available in the
basin of origin on or after September 1, 2015, provided that the
proposed transfer would not result in a net loss of water supply
available for use in the basin of origin; or
(7) a proposed return of reclaimed water or return
flow from the basin of discharge to the basin of origin.
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.