Texas 2015 - 84th Regular

Texas House Bill HB3413 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11347 SLB-F
2	2	By: Frank H.B. No. 3413
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a general permit to convey water using the bed and banks
8	8	of a natural stream channel; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 11, Water Code, is amended
11	11	by adding Section 11.0425 to read as follows:
12	12	Sec. 11.0425. GENERAL PERMIT TO CONVEY WATER USING NATURAL
13	13	STREAM CHANNELS. (a) In this section:
14	14	(1) "Developed water" means groundwater, surface
15	15	water, desalinated water, or other water that would not naturally
16	16	be found in the natural stream channel used to convey the water.
17	17	The term does not include water imported from a source located in
18	18	the United Mexican States, unless the water is covered by a treaty
19	19	between the United States of America and the United Mexican States
20	20	or a related minute order.
21	21	(2) "Natural stream channel" means the bed and banks
22	22	of a river, natural stream, or watercourse in this state, including
23	23	a lake, reservoir, or impoundment located along the river, stream,
24	24	or watercourse.
25	25	(b) The commission may issue a general permit to authorize a
26	26	person to use a natural stream channel to convey developed water for
27	27	use in this state.
28	28	(c) A general permit issued under this section:
29	29	(1) may:
30	30	(A) include conditions based on the
31	31	characteristics of different sources of developed water or natural
32	32	stream channels; and
33	33	(B) either:
34	34	(i) provide for commencement of conveyance
35	35	of developed water through a natural stream channel on the filing of
36	36	a complete and accurate notice of intent to operate under the
37	37	general permit; or
38	38	(ii) specify a period or date following
39	39	receipt of the complete and accurate notice of intent to operate
40	40	under the general permit for commencement of conveyance of
41	41	developed water through a natural stream channel, on the condition
42	42	that the executive director has not notified the person that the
43	43	person is not authorized under the general permit before the 61st
44	44	day after the date the notice of intent is received;
45	45	(2) may not unduly discriminate between similarly
46	46	situated sources of developed water or natural stream channels; and
47	47	(3) must:
48	48	(A) specify a deadline and required information
49	49	for submitting a notice of intent to use the permit; and
50	50	(B) include conditions that:
51	51	(i) allow for the diversion of only the
52	52	amount of developed water conveyed by the natural stream channel,
53	53	less carriage losses due to seepage, evaporation, and transpiration
54	54	of aquatic or riparian vegetation;
55	55	(ii) protect existing water rights,
56	56	including a right under a permit, certified filing, or certificate
57	57	of adjudication, related to the affected section of the natural
58	58	stream channel;
59	59	(iii) prevent unreasonable effects on fish,
60	60	wildlife, instream beneficial uses, and freshwater inflows to bays
61	61	and estuaries;
62	62	(iv) require the development and
63	63	implementation of an accounting plan to ensure compliance with the
64	64	permit;
65	65	(v) prevent significant impact to the
66	66	quality of water in the natural stream channel used to convey the
67	67	developed water;
68	68	(vi) protect existing uses of water; and
69	69	(vii) promote the efficient use of water.
70	70	(d) Conditions adopted under Subsection (c)(3)(B)(vi) or
71	71	(vii) may not allow for the developed water to cause a degradation
72	72	in the water quality of the affected natural stream channel segment
73	73	to the extent that the water quality classification of the natural
74	74	stream channel segment would be lowered.
75	75	(e) The commission shall publish notice and provide for
76	76	public comment on a proposed general permit in the manner described
77	77	by Section 26.040.
78	78	(f) The commission shall adopt rules to provide for a
79	79	consolidated permit proceeding for a single applicant for both an
80	80	authorization under Chapter 26 and the use of a general permit under
81	81	this section.
82	82	(g) The commission may issue a general permit under this
83	83	section for a term not to exceed 30 years. After notice and comment
84	84	as provided by Section 26.040, a general permit may be amended,
85	85	revoked, or canceled by the commission or renewed by the commission
86	86	for an additional term not to exceed 30 years each. A general permit
87	87	remains in effect until amended, revoked, or canceled by the
88	88	commission or, unless renewed by the commission, until expired. If
89	89	the commission proposes to renew an unexpired general permit, that
90	90	general permit remains in effect until the date on which the
91	91	commission takes final action on the proposed renewal.
92	92	(h) The commission, through a renewal or amendment process
93	93	for a general permit, may add or delete permit requirements or
94	94	limitations. The commission shall provide a reasonable time to
95	95	allow a person covered by the general permit to make the changes
96	96	necessary to comply with the additional requirements.
97	97	(i) A person intending to convey developed water in a
98	98	natural stream channel must file written notice to the commission
99	99	of intent to use a general permit issued under this section, in
100	100	accordance with the general permit or rules adopted by the
101	101	commission.
102	102	(j) The commission, after hearing, shall deny or suspend a
103	103	person's authority to convey developed water under a general permit
104	104	if the commission determines that the person's compliance history
105	105	is classified as unsatisfactory according to commission standards
106	106	under Sections 5.753 and 5.754 and rules adopted and procedures
107	107	developed under those sections. A hearing under this subsection is
108	108	not subject to Chapter 2001, Government Code.
109	109	(k) Developed water conveyed under a general permit issued
110	110	under this section is not subject to appropriation.
111	111	(l) The commission shall include developed water conveyed
112	112	under a permit issued under this section in the water availability
113	113	model for the river basin in which the natural stream channel is
114	114	located as subject to the ownership of the person acting under the
115	115	permit.
116	116	(m) The commission may impose a reasonable and necessary fee
117	117	on a person covered by a general permit.
118	118	(n) The issuance, amendment, renewal, suspension,
119	119	revocation, or cancellation of a general permit or of authority to
120	120	convey developed water under a general permit is not subject to
121	121	Subchapters C-F, Chapter 2001, Government Code.
122	122	(o) This section does not grant any person the right to
123	123	store water in a lake, reservoir, or other impoundment without the
124	124	permission of the owner of the lake, reservoir, or other
125	125	impoundment.
126	126	SECTION 2. Section 11.0425, Water Code, as added by this
127	127	Act, applies only to a conveyance of water made on or after the
128	128	effective date of this Act. A conveyance of water made before that
129	129	date is governed by the law in effect on the date the conveyance was
130	130	made, and that law is continued in effect for that purpose.
131	131	SECTION 3. (a) As soon as practicable, the Texas Commission
132	132	on Environmental Quality shall adopt rules to implement Section
133	133	11.0425, Water Code, as added by this Act.
134	134	(b) A person may not convey water as described by Section
135	135	11.0425, Water Code, as added by this Act, until rules adopted under
136	136	Subsection (a) of this section take effect.
137	137	SECTION 4. This Act takes effect September 1, 2015.