85R1974 SLB-D
By: Frank H.B. No. 3314
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for action on certain applications for an
amendment to a water right.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.122, Water Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) An application for an amendment to a water right is
exempt from any requirements of a statute or commission rule
regarding notice and hearing or technical review by the executive
director or the commission and may not be referred to the State
Office of Administrative Hearings for a contested case hearing if
the application is for an amendment that:
(1) adds a purpose of use that does not alter:
(A) the nature of the right from a right
authorizing nonconsumptive use to a right authorizing consumptive
use; or
(B) a pattern of use that is explicitly
authorized by the original right;
(2) adds a place of use located in the same basin as
the place of use authorized by the original right; or
(3) changes the point of diversion, provided that:
(A) the authorized rate of diversion is not
increased;
(B) the original point of diversion and the new
point of diversion are located in the same contiguous tract of land;
(C) the original point of diversion and the new
point of diversion are from the same source of supply;
(D) there are no points of diversion from the
same source of supply associated with other water rights that are
located between the original point of diversion and the new point of
diversion; and
(E) there are no streamflow gauges located on the
source of supply between the original point of diversion and the new
point of diversion.
SECTION 2. This Act applies to an application to amend a
water right that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act or
is pending as of the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.