Relating to the recovery of damages resulting from an emergency transfer of water authorized by the Texas Commission on Environmental Quality.
Impact
If enacted, SB1936 would directly alter the legal landscape surrounding water rights and emergency transfers. By creating a framework where original water rights owners can easily recover costs associated with unauthorized transfers, the bill will potentially enhance the protection of those rights and ensure that water use is managed more responsibly during emergencies such as drought situations. The changes could impact future water management strategies and conflict resolution processes related to water rights across Texas, particularly in regions frequently affected by drought or resource shortages.
Summary
SB1936 proposes changes to the Texas Water Code specifically regarding the recovery of damages resulting from emergency transfers of water authorized by the Texas Commission on Environmental Quality (TCEQ). The bill aims to clarify the legal liabilities of entities that receive emergency water use authorizations, stipulating that they are responsible for compensating the original water rights owners based on the fair market value of the transferred water as well as any damages incurred as a result of the transfer. This provision seeks to establish a clearer path for affected parties to seek compensation for losses sustained during such emergency transfers.
Contention
While the bill seeks to provide clarity and protection to water rights owners, it may lead to disputes between water users and rights holders, especially in counties where water transfers are common. Critics may argue that the added liability on entities receiving emergency authorizations could discourage them from seeking necessary water during emergencies, complicating rapid response efforts. Moreover, there could be concerns regarding the definition of 'damages' and how fair market value would be assessed in urgent scenarios, leading to potential litigation as parties may disagree over costs and compensation amounts.
Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.