Texas 2017 - 85th Regular

Texas Senate Bill SB864 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry S.B. No. 864
2		-	(King of Uvalde)
	1	+	S.B. No. 864
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the procedure for obtaining a right to use state water
8	6		if the applicant proposes an alternative source of water that is not
9	7		state water.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Sections 11.132(c) and (d), Water Code, are
12	10		amended to read as follows:
13	11		(c) In the notice, the commission shall:
14	12		(1) state the name and address of the applicant;
15	13		(2) state the date the application was filed;
16	14		(3) state the purpose and extent of the proposed
17	15		appropriation of water;
18	16		(4) identify the source of supply and the place where
19	17		the water is to be stored or taken or diverted from the source of
20	18		supply;
21	19		(5) identify any proposed alternative source of water,
22	20		other than state water, identified by the applicant;
23	21		(6) specify the time and location where the commission
24	22		will consider the application; and
25	23		(7) [(6)] give any additional information the
26	24		commission considers necessary.
27	25		(d) The commission may act on the application without
28	26		holding a public hearing if:
29	27		(1) not less than 30 days before the date of action on
30	28		the application by the commission, the applicant has published the
31	29		commission's notice of the application at least once in a newspaper
32	30		regularly published or circulated within the section of the state
33	31		where the source of water is located;
34	32		(2) not less than 30 days before the date of action on
35	33		the application by the commission, the commission mails a copy of
36	34		the notice by first-class mail, postage prepaid, to:
37	35		(A) each claimant or appropriator of water from
38	36		the source of water supply, the record of whose claim or
39	37		appropriation has been filed with the commission; [and]
40	38		(B) each groundwater conservation district with
41	39		jurisdiction over the proposed groundwater production, if the
42	40		applicant proposes to use groundwater from a well located within a
43	41		groundwater conservation district as an alternative source of
44	42		water; and
45	43		(C) all navigation districts within the river
46	44		basin concerned; and
47	45		(3) within 30 days after the date of the newspaper
48	46		publication of the commission's notice, a public hearing has not
49	47		been requested in writing by a commissioner, the executive
50	48		director, or an affected person who objects to the application.
51	49		SECTION 2. Section 11.135(b), Water Code, is amended to
52	50		read as follows:
53	51		(b) The permit shall be in writing and attested by the seal
54	52		of the commission, and it shall contain substantially the following
55	53		information:
56	54		(1) the name of the person to whom the permit is
57	55		issued;
58	56		(2) the date the permit is issued;
59	57		(3) the date the original application was filed;
60	58		(4) the use or purpose for which the appropriation is
61	59		to be made;
62	60		(5) the amount or volume of water authorized to be
63	61		appropriated for each purpose; if use of the appropriated water is
64	62		authorized for multiple purposes, the permit shall contain a
65	63		special condition limiting the total amount of water that may
66	64		actually be diverted for all of the purposes to the amount of water
67	65		appropriated;
68	66		(6) a general description of the source of supply from
69	67		which the appropriation is proposed to be made, including any
70	68		alternative source of water that is not state water;
71	69		(7) the time within which construction or work must
72	70		begin and the time within which it must be completed; and
73	71		(8) any other information the commission prescribes.
74	72		SECTION 3. Sections 11.143(e) and (f), Water Code, are
75	73		amended to read as follows:
76	74		(e) In the notice, the commission shall:
77	75		(1) state the name and post-office address of the
78	76		applicant;
79	77		(2) state the date the application was filed;
80	78		(3) state the purpose and extent of the proposed
81	79		appropriation of water;
82	80		(4) identify the source of supply, including any
83	81		proposed alternative source of water, other than state water,
84	82		identified by the applicant, and the place where the water is
85	83		stored; and
86	84		(5) specify the time and place of the hearing.
87	85		(f) The notice shall be published only once, at least 20
88	86		days before the date stated in the notice for the hearing on the
89	87		application, in a newspaper having general circulation in the
90	88		county where the dam or reservoir is located. At least 15 days
91	89		before the date set for the hearing, the commission shall transmit a
92	90		copy of the notice by first-class mail to each person whose claim or
93	91		appropriation has been filed with the commission and whose
94	92		diversion point is downstream from that described in the
95	93		application. If the notice identifies groundwater from a well
96	94		located in a groundwater conservation district as a proposed
97	95		alternative source of water, the notice shall be:
98	96		(1) sent to the groundwater conservation district in
99	97		which the well is located; and
100	98		(2) published, at least 20 days before the date stated
101	99		in the notice for the hearing, in a newspaper having general
102	100		circulation in each county in which the groundwater district is
103	101		located.
104	102		SECTION 4. The changes in law made by this Act apply only to
105	103		an application for a new or amended water right received by the
106	104		Texas Commission on Environmental Quality on or after the effective
107	105		date of this Act. An application received before the effective date
108	106		of this Act is governed by the law in effect on the date the
109	107		application was received, and the former law is continued in effect
110	108		for that purpose.
111	109		SECTION 5. This Act takes effect September 1, 2017.
	110	+	______________________________ ______________________________
	111	+	President of the Senate Speaker of the House
	112	+	I hereby certify that S.B. No. 864 passed the Senate on
	113	+	April 3, 2017, by the following vote: Yeas 31, Nays 0.
	114	+	______________________________
	115	+	Secretary of the Senate
	116	+	I hereby certify that S.B. No. 864 passed the House on
	117	+	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
	118	+	present not voting.
	119	+	______________________________
	120	+	Chief Clerk of the House
	121	+	Approved:
	122	+	______________________________
	123	+	Date
	124	+	______________________________
	125	+	Governor