By: Taylor of Collin S.B. No. 226
(In the Senate - Filed November 16, 2016; January 30, 2017,
read first time and referred to Committee on Agriculture, Water &
Rural Affairs; April 6, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 2;
April 6, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 226 By: Perry
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) In addition to an application that meets the
requirements of Subsection (b) and for which the commission has
determined that notice or an opportunity for a contested case
hearing is not required under another statute or a commission rule,
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
executive director determines after an administrative review that
the application is for an amendment that:
(1) adds a purpose of use that does not substantially
alter:
(A) the nature of the right from a right
authorizing only nonconsumptive use to a right authorizing
consumptive use; or
(B) a pattern of use that is explicitly
authorized in or required 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;
(E) there are no streamflow gauges located on the
source of supply between the original point of diversion and the new
point of diversion that are referenced in the original water right
or in another water right authorizing a diversion from the same
source of supply; and
(F) there are no tributary watercourses that
enter the watercourse that is the source of supply located 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.
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