Texas House Bill HB1964

Texas 2019 - 86th Regular

Caption

Relating to the procedure for action on certain applications for an amendment to a water right.

Impact

The implementation of HB1964 resulted in significant changes to how water rights are managed in Texas. By eliminating the need for contested case hearings for certain amendments, the bill intends to reduce the administrative burden on both the applicants and the Texas Commission on Environmental Quality. Proponents believe that this will lead to more efficient use of water resources and provide users the flexibility necessary to adjust their rights as required without undergoing prolonged administrative procedures.

Summary

House Bill 1964 addresses the procedures for amending water rights in Texas. It allows for certain applications to amend water rights to be exempted from typical requirements for notice, hearing, and technical review, provided specific conditions are met. The bill outlines that amendments can be made without extensive procedural hurdles if they do not substantially alter the original rights or if they merely adjust the place of use or change the diversion point without increasing the authorized rate of diversion. This aims to streamline the amendment process to facilitate easier modifications for users who need to adapt their water rights to changing needs.

Sentiment

The sentiment surrounding HB1964 is generally positive among proponents who see it as a necessary modernization of the water rights system in Texas. They argue that the changes will promote better management of water resources, particularly in times of scarcity. However, it has also raised concerns among some stakeholders regarding potential misuse of these flexible provisions, which may lead to over-extraction or conflicts among water users. These differing views underscore the ongoing debate around water management in the state.

Contention

Notably, the bill has not been without contention. Critics argue that exempting certain amendments from review could undermine the regulatory framework that protects public interests in water management. They are particularly concerned about the potential negative environmental impacts, as well as the implications for local communities that may rely on stringent regulations to safeguard their water resources. As discussions continue, ensuring a balance between flexibility for right holders and protection for environmental and community needs remains a critical point of contention.