1 | 1 | | 84R21681 SLB-F |
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2 | 2 | | By: Larson H.B. No. 3324 |
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3 | 3 | | Substitute the following for H.B. No. 3324: |
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4 | 4 | | By: Kacal C.S.H.B. No. 3324 |
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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 requirements for obtaining an interbasin water |
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10 | 10 | | transfer permit. |
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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(v), Water Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (v) The provisions of this section, except Subsection (a), |
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15 | 15 | | do not apply to: |
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16 | 16 | | (1) a proposed transfer which in combination with any |
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17 | 17 | | existing transfers totals less than 3,000 acre-feet of water per |
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18 | 18 | | annum from the same permit, certified filing, or certificate of |
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19 | 19 | | adjudication; |
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20 | 20 | | (2) a request for an emergency transfer of water; |
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21 | 21 | | (3) a proposed transfer from a basin to its adjoining |
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22 | 22 | | coastal basin; |
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23 | 23 | | (4) a proposed transfer from the part of the |
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24 | 24 | | geographic area of a county or municipality, or the part of the |
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25 | 25 | | retail service area of a retail public utility as defined by Section |
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26 | 26 | | 13.002, that is within the basin of origin for use in that part of |
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27 | 27 | | the geographic area of the county or municipality, or that |
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28 | 28 | | contiguous part of the retail service area of the utility, not |
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29 | 29 | | within the basin of origin; [or] |
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30 | 30 | | (5) a proposed transfer of water that is: |
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31 | 31 | | (A) imported from a source located wholly outside |
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32 | 32 | | the boundaries of this state, except water that is imported from a |
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33 | 33 | | source located in the United Mexican States; |
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34 | 34 | | (B) for use in this state; and |
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35 | 35 | | (C) transported by using the bed and banks of any |
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36 | 36 | | flowing natural stream located in this state; |
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37 | 37 | | (6) a proposed transfer of water based on a |
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38 | 38 | | substitution or exchange of an equal or greater quantity of |
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39 | 39 | | reclaimed or desalinated water that is first made available in the |
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40 | 40 | | basin of origin on or after September 1, 2015, provided that the |
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41 | 41 | | proposed transfer would not result in a net loss of water supply |
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42 | 42 | | available for use in the basin of origin; or |
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43 | 43 | | (7) a proposed return of reclaimed water or return |
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44 | 44 | | flow from the basin of discharge to the basin of origin. |
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45 | 45 | | SECTION 2. (a) This Act applies only to an application for |
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46 | 46 | | a water right or an amendment to a permit, certified filing, or |
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47 | 47 | | certificate of adjudication authorizing an interbasin transfer of |
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48 | 48 | | water that is accepted for filing on or after the effective date of |
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49 | 49 | | this Act. |
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50 | 50 | | (b) An application for a water right or an amendment to a |
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51 | 51 | | permit, certified filing, or certificate of adjudication |
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52 | 52 | | authorizing an interbasin transfer of water that is accepted for |
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53 | 53 | | filing before the effective date of this Act is governed by the law |
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54 | 54 | | in effect at the time the application is accepted for filing, and |
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55 | 55 | | the former law is continued in effect for that purpose. |
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56 | 56 | | SECTION 3. This Act takes effect immediately if it receives |
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57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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60 | 60 | | Act takes effect September 1, 2015. |
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