| 1 | 1 | | 85R636 SLB-F |
|---|
| 2 | 2 | | By: Frank H.B. No. 2264 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the priority applicable to certain interbasin transfers |
|---|
| 8 | 8 | | of water. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 11.085(s), Water Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (s) Any proposed transfer of all or a portion of a water |
|---|
| 13 | 13 | | right under this section is junior in priority to water rights |
|---|
| 14 | 14 | | granted before the time application for transfer is accepted for |
|---|
| 15 | 15 | | filing. This subsection does not apply to a transfer of water |
|---|
| 16 | 16 | | between the following entities: |
|---|
| 17 | 17 | | (1) a water control and improvement district that: |
|---|
| 18 | 18 | | (A) has boundaries that are coextensive with the |
|---|
| 19 | 19 | | boundaries of a municipality with a population of more than |
|---|
| 20 | 20 | | 700,000; and |
|---|
| 21 | 21 | | (B) is located in a river basin with a population |
|---|
| 22 | 22 | | of more than six million; and |
|---|
| 23 | 23 | | (2) a municipality that: |
|---|
| 24 | 24 | | (A) has a population of more than 100,000; and |
|---|
| 25 | 25 | | (B) is located in the basin of a river that: |
|---|
| 26 | 26 | | (i) forms a boundary between this state and |
|---|
| 27 | 27 | | another state; and |
|---|
| 28 | 28 | | (ii) does not flow into the Gulf of Mexico |
|---|
| 29 | 29 | | at a point located in this state. |
|---|
| 30 | 30 | | SECTION 2. (a) This Act applies only to an application for |
|---|
| 31 | 31 | | a water right or an amendment to a permit, certified filing, or |
|---|
| 32 | 32 | | certificate of adjudication authorizing an interbasin transfer of |
|---|
| 33 | 33 | | water that is accepted for filing on or after the effective date of |
|---|
| 34 | 34 | | this Act. |
|---|
| 35 | 35 | | (b) An application for a water right or an amendment to a |
|---|
| 36 | 36 | | permit, certified filing, or certificate of adjudication |
|---|
| 37 | 37 | | authorizing an interbasin transfer of water that is accepted for |
|---|
| 38 | 38 | | filing before the effective date of this Act is governed by the law |
|---|
| 39 | 39 | | in effect at the time the application is accepted for filing, and |
|---|
| 40 | 40 | | the former law is continued in effect for that purpose. |
|---|
| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 45 | 45 | | Act takes effect September 1, 2017. |
|---|