| 1 | 1 | | 85R1974 SLB-D |
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| 2 | 2 | | By: Frank H.B. No. 3314 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedure for action on certain applications for an |
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| 8 | 8 | | amendment to a water right. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11.122, Water Code, is amended by adding |
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| 11 | 11 | | Subsection (b-1) to read as follows: |
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| 12 | 12 | | (b-1) An application for an amendment to a water right is |
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| 13 | 13 | | exempt from any requirements of a statute or commission rule |
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| 14 | 14 | | regarding notice and hearing or technical review by the executive |
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| 15 | 15 | | director or the commission and may not be referred to the State |
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| 16 | 16 | | Office of Administrative Hearings for a contested case hearing if |
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| 17 | 17 | | the application is for an amendment that: |
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| 18 | 18 | | (1) adds a purpose of use that does not alter: |
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| 19 | 19 | | (A) the nature of the right from a right |
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| 20 | 20 | | authorizing nonconsumptive use to a right authorizing consumptive |
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| 21 | 21 | | use; or |
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| 22 | 22 | | (B) a pattern of use that is explicitly |
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| 23 | 23 | | authorized by the original right; |
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| 24 | 24 | | (2) adds a place of use located in the same basin as |
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| 25 | 25 | | the place of use authorized by the original right; or |
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| 26 | 26 | | (3) changes the point of diversion, provided that: |
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| 27 | 27 | | (A) the authorized rate of diversion is not |
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| 28 | 28 | | increased; |
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| 29 | 29 | | (B) the original point of diversion and the new |
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| 30 | 30 | | point of diversion are located in the same contiguous tract of land; |
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| 31 | 31 | | (C) the original point of diversion and the new |
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| 32 | 32 | | point of diversion are from the same source of supply; |
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| 33 | 33 | | (D) there are no points of diversion from the |
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| 34 | 34 | | same source of supply associated with other water rights that are |
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| 35 | 35 | | located between the original point of diversion and the new point of |
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| 36 | 36 | | diversion; and |
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| 37 | 37 | | (E) there are no streamflow gauges located on the |
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| 38 | 38 | | source of supply between the original point of diversion and the new |
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| 39 | 39 | | point of diversion. |
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| 40 | 40 | | SECTION 2. This Act applies to an application to amend a |
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| 41 | 41 | | water right that is filed with the Texas Commission on |
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| 42 | 42 | | Environmental Quality on or after the effective date of this Act or |
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| 43 | 43 | | is pending as of the effective date of this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2017. |
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