Texas 2017 - 85th Regular

Texas Senate Bill SB864

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the procedure for obtaining a right to use state water if the applicant proposes an alternative source of water that is not state water.

Impact

The legislation significantly alters the procedural landscape for water rights applications. It emphasizes the need for transparency and communication from the applicant toward affected parties, such as users downstream from a proposed water source. Moreover, the bill opens the door for more diverse water sourcing approaches by allowing applicants to present alternative water supplies, potentially leading to innovative solutions for addressing Texas' ongoing water challenges. The emphasis on alternative sourcing is particularly relevant in the context of climate variability and ongoing drought concerns in the state.

Summary

SB864 addresses the process by which individuals or organizations can obtain rights to use state water when they propose an alternative source of water that is not state-managed. The bill modifies existing sections of the Water Code, aiming to streamline applications for water appropriation by enhancing notification protocols and conditions that allow the Texas Commission on Environmental Quality (TCEQ) to act on applications without public hearings if no objections are raised within a specified timeframe. This change is intended to facilitate more efficient water management, particularly as water scarcity issues persist in Texas.

Sentiment

General sentiment around SB864 appears to be neutral to positive, particularly among proponents who argue that this legislative reform is essential for modernizing the state's water rights framework. Supporters believe that simplifying the process and allowing for alternative water sources will contribute to more effective resource management. However, there are concerns from various stakeholders about the implications of such a permit process on local water governance and environmental protection, particularly regarding the conservation of groundwater resources.

Contention

There is contention regarding the balance between facilitating new water rights and ensuring that local communities and ecosystems are adequately protected. Detractors from the bill express concerns that less stringent notification processes could undermine public involvement in decisions affecting their water resources. They argue that while streamlining processes is important, it should not come at the expense of community input and environmental checks. The bill's implementation will require careful monitoring to ensure that it does not inadvertently harm local water conservation efforts or diminish the rights of existing water users.

Companion Bills

TX HB3031

Similar Relating to the procedure for obtaining a right to use state water if the applicant proposes an alternative source of water that is not state water.

Similar Bills

MD SB360

Budget Bill (Fiscal Year 2025)

MD HB350

Budget Bill (Fiscal Year 2025)

MD SB181

Budget Bill (Fiscal Year 2024)

MD HB200

Budget Bill (Fiscal Year 2024)

MD HB350

Budget Bill (Fiscal Year 2026)

MD SB319

Budget Bill (Fiscal Year 2026)

MD HB300

Budget Bill (Fiscal Year 2023)

MD SB290

Budget Bill (Fiscal Year 2023)