84R11347 SLB-F
By: Frank H.B. No. 3413
A BILL TO BE ENTITLED
AN ACT
relating to a general permit to convey water using the bed and banks
of a natural stream channel; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Water Code, is amended
by adding Section 11.0425 to read as follows:
Sec. 11.0425. GENERAL PERMIT TO CONVEY WATER USING NATURAL
STREAM CHANNELS. (a) In this section:
(1) "Developed water" means groundwater, surface
water, desalinated water, or other water that would not naturally
be found in the natural stream channel used to convey the water.
The term does not include water imported from a source located in
the United Mexican States, unless the water is covered by a treaty
between the United States of America and the United Mexican States
or a related minute order.
(2) "Natural stream channel" means the bed and banks
of a river, natural stream, or watercourse in this state, including
a lake, reservoir, or impoundment located along the river, stream,
or watercourse.
(b) The commission may issue a general permit to authorize a
person to use a natural stream channel to convey developed water for
use in this state.
(c) A general permit issued under this section:
(1) may:
(A) include conditions based on the
characteristics of different sources of developed water or natural
stream channels; and
(B) either:
(i) provide for commencement of conveyance
of developed water through a natural stream channel on the filing of
a complete and accurate notice of intent to operate under the
general permit; or
(ii) specify a period or date following
receipt of the complete and accurate notice of intent to operate
under the general permit for commencement of conveyance of
developed water through a natural stream channel, on the condition
that the executive director has not notified the person that the
person is not authorized under the general permit before the 61st
day after the date the notice of intent is received;
(2) may not unduly discriminate between similarly
situated sources of developed water or natural stream channels; and
(3) must:
(A) specify a deadline and required information
for submitting a notice of intent to use the permit; and
(B) include conditions that:
(i) allow for the diversion of only the
amount of developed water conveyed by the natural stream channel,
less carriage losses due to seepage, evaporation, and transpiration
of aquatic or riparian vegetation;
(ii) protect existing water rights,
including a right under a permit, certified filing, or certificate
of adjudication, related to the affected section of the natural
stream channel;
(iii) prevent unreasonable effects on fish,
wildlife, instream beneficial uses, and freshwater inflows to bays
and estuaries;
(iv) require the development and
implementation of an accounting plan to ensure compliance with the
permit;
(v) prevent significant impact to the
quality of water in the natural stream channel used to convey the
developed water;
(vi) protect existing uses of water; and
(vii) promote the efficient use of water.
(d) Conditions adopted under Subsection (c)(3)(B)(vi) or
(vii) may not allow for the developed water to cause a degradation
in the water quality of the affected natural stream channel segment
to the extent that the water quality classification of the natural
stream channel segment would be lowered.
(e) The commission shall publish notice and provide for
public comment on a proposed general permit in the manner described
by Section 26.040.
(f) The commission shall adopt rules to provide for a
consolidated permit proceeding for a single applicant for both an
authorization under Chapter 26 and the use of a general permit under
this section.
(g) The commission may issue a general permit under this
section for a term not to exceed 30 years. After notice and comment
as provided by Section 26.040, a general permit may be amended,
revoked, or canceled by the commission or renewed by the commission
for an additional term not to exceed 30 years each. A general permit
remains in effect until amended, revoked, or canceled by the
commission or, unless renewed by the commission, until expired. If
the commission proposes to renew an unexpired general permit, that
general permit remains in effect until the date on which the
commission takes final action on the proposed renewal.
(h) The commission, through a renewal or amendment process
for a general permit, may add or delete permit requirements or
limitations. The commission shall provide a reasonable time to
allow a person covered by the general permit to make the changes
necessary to comply with the additional requirements.
(i) A person intending to convey developed water in a
natural stream channel must file written notice to the commission
of intent to use a general permit issued under this section, in
accordance with the general permit or rules adopted by the
commission.
(j) The commission, after hearing, shall deny or suspend a
person's authority to convey developed water under a general permit
if the commission determines that the person's compliance history
is classified as unsatisfactory according to commission standards
under Sections 5.753 and 5.754 and rules adopted and procedures
developed under those sections. A hearing under this subsection is
not subject to Chapter 2001, Government Code.
(k) Developed water conveyed under a general permit issued
under this section is not subject to appropriation.
(l) The commission shall include developed water conveyed
under a permit issued under this section in the water availability
model for the river basin in which the natural stream channel is
located as subject to the ownership of the person acting under the
permit.
(m) The commission may impose a reasonable and necessary fee
on a person covered by a general permit.
(n) The issuance, amendment, renewal, suspension,
revocation, or cancellation of a general permit or of authority to
convey developed water under a general permit is not subject to
Subchapters C-F, Chapter 2001, Government Code.
(o) This section does not grant any person the right to
store water in a lake, reservoir, or other impoundment without the
permission of the owner of the lake, reservoir, or other
impoundment.
SECTION 2. Section 11.0425, Water Code, as added by this
Act, applies only to a conveyance of water made on or after the
effective date of this Act. A conveyance of water made before that
date is governed by the law in effect on the date the conveyance was
made, and that law is continued in effect for that purpose.
SECTION 3. (a) As soon as practicable, the Texas Commission
on Environmental Quality shall adopt rules to implement Section
11.0425, Water Code, as added by this Act.
(b) A person may not convey water as described by Section
11.0425, Water Code, as added by this Act, until rules adopted under
Subsection (a) of this section take effect.
SECTION 4. This Act takes effect September 1, 2015.