| 1 | 1 | | By: Estes S.B. No. 1411 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a water right authorizing a transfer of water from one |
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| 7 | 7 | | river basin in this state to another river basin in this state. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 11.085(v), Water Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (v) The provisions of this section, except Subsection (a), |
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| 12 | 12 | | do not apply to: |
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| 13 | 13 | | (1) a proposed transfer which in combination with any |
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| 14 | 14 | | existing transfers totals less than 3,000 acre-feet of water per |
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| 15 | 15 | | annum from the same permit, certified filing, or certificate of |
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| 16 | 16 | | adjudication; |
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| 17 | 17 | | (2) a request for an emergency transfer of water; |
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| 18 | 18 | | (3) a proposed transfer from a basin to its adjoining |
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| 19 | 19 | | coastal basin; |
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| 20 | 20 | | (4) a proposed transfer from a basin to an adjoining |
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| 21 | 21 | | basin; |
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| 22 | 22 | | [(4)] (5) a proposed transfer from the part of the |
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| 23 | 23 | | geographic area of a county or municipality, or the part of the |
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| 24 | 24 | | retail service area of a retail public utility as defined by Section |
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| 25 | 25 | | 13.002, that is within the basin of origin for use in that part of |
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| 26 | 26 | | the geographic area of the county or municipality, or that |
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| 27 | 27 | | contiguous part of the retail service area of the utility, not |
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| 28 | 28 | | within the basin of origin; or |
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| 29 | 29 | | [(5)] (6) a proposed transfer of water that is: |
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| 30 | 30 | | (A) imported from a source located wholly outside |
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| 31 | 31 | | the boundaries of this state, except water that is imported from a |
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| 32 | 32 | | source located in the United Mexican States; |
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| 33 | 33 | | (B) for use in this state; and |
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| 34 | 34 | | (C) transported by using the bed and banks of any |
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| 35 | 35 | | flowing natural stream located in this state. |
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| 36 | 36 | | SECTION 2. This Act applies only to an application for a |
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| 37 | 37 | | water right or an amendment to a permit, certified filing, or |
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| 38 | 38 | | certificate of adjudication authorizing an interbasin transfer of |
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| 39 | 39 | | water that is accepted for filing on or after the effective date of |
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| 40 | 40 | | this Act. An application for a water right or an amendment to a |
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| 41 | 41 | | permit, certified filing, or certificate of adjudication |
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| 42 | 42 | | authorizing an interbasin transfer of water that is accepted for |
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| 43 | 43 | | filing before the effective date of this Act is governed by the law |
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| 44 | 44 | | in effect at the time the application is accepted for filing, and |
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| 45 | 45 | | the former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2015. |
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