| 2 | | - | (In the Senate - Filed November 16, 2016; January 30, 2017, |
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| 3 | | - | read first time and referred to Committee on Agriculture, Water & |
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| 4 | | - | Rural Affairs; April 6, 2017, reported adversely, with favorable |
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| 5 | | - | Committee Substitute by the following vote: Yeas 5, Nays 2; |
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| 6 | | - | April 6, 2017, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 226 By: Perry |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the procedure for action on certain applications for an |
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| 14 | 7 | | amendment to a water right. |
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| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 9 | | SECTION 1. Section 11.122, Water Code, is amended by adding |
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| 17 | 10 | | Subsection (b-1) to read as follows: |
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| 18 | 11 | | (b-1) In addition to an application that meets the |
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| 19 | 12 | | requirements of Subsection (b) and for which the commission has |
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| 20 | 13 | | determined that notice or an opportunity for a contested case |
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| 21 | 14 | | hearing is not required under another statute or a commission rule, |
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| 22 | 15 | | an application for an amendment to a water right is exempt from any |
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| 23 | 16 | | requirements of a statute or commission rule regarding notice and |
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| 24 | 17 | | hearing or technical review by the executive director or the |
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| 25 | 18 | | commission and may not be referred to the State Office of |
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| 26 | 19 | | Administrative Hearings for a contested case hearing if the |
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| 27 | 20 | | executive director determines after an administrative review that |
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| 28 | 21 | | the application is for an amendment that: |
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| 29 | 22 | | (1) adds a purpose of use that does not substantially |
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| 30 | 23 | | alter: |
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| 31 | 24 | | (A) the nature of the right from a right |
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| 32 | 25 | | authorizing only nonconsumptive use to a right authorizing |
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| 33 | 26 | | consumptive use; or |
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| 34 | 27 | | (B) a pattern of use that is explicitly |
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| 35 | 28 | | authorized in or required by the original right; |
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| 36 | 29 | | (2) adds a place of use located in the same basin as |
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| 37 | 30 | | the place of use authorized by the original right; or |
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| 38 | 31 | | (3) changes the point of diversion, provided that: |
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| 39 | 32 | | (A) the authorized rate of diversion is not |
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| 40 | 33 | | increased; |
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| 41 | 34 | | (B) the original point of diversion and the new |
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| 42 | 35 | | point of diversion are located in the same contiguous tract of land; |
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| 43 | 36 | | (C) the original point of diversion and the new |
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| 44 | 37 | | point of diversion are from the same source of supply; |
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| 45 | 38 | | (D) there are no points of diversion from the |
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| 46 | 39 | | same source of supply associated with other water rights that are |
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| 47 | 40 | | located between the original point of diversion and the new point of |
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| 48 | 41 | | diversion; |
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| 49 | 42 | | (E) there are no streamflow gauges located on the |
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| 50 | 43 | | source of supply between the original point of diversion and the new |
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| 51 | 44 | | point of diversion that are referenced in the original water right |
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| 52 | 45 | | or in another water right authorizing a diversion from the same |
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| 53 | 46 | | source of supply; and |
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| 54 | 47 | | (F) there are no tributary watercourses that |
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| 55 | 48 | | enter the watercourse that is the source of supply located between |
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| 56 | 49 | | the original point of diversion and the new point of diversion. |
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| 57 | 50 | | SECTION 2. This Act applies to an application to amend a |
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| 58 | 51 | | water right that is filed with the Texas Commission on |
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| 59 | 52 | | Environmental Quality on or after the effective date of this Act or |
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| 60 | 53 | | is pending as of the effective date of this Act. |
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| 61 | 54 | | SECTION 3. This Act takes effect immediately if it receives |
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| 62 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 58 | | Act takes effect September 1, 2017. |
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