| 1 | 1 | | By: Murr H.B. No. 3644 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to transfer of irrigation water rights allowed by the |
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| 7 | 7 | | Edwards Aquifer Authority. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 1.34(c), Chapter 626, Acts of the 73rd |
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| 10 | 10 | | Legislature, Regular Session, 1993, is amended to read as follows: |
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| 11 | 11 | | (c) A permit holder may lease permitted water rights, but a |
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| 12 | 12 | | holder of a permit for irrigation use may not lease more than 50 |
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| 13 | 13 | | percent of the irrigation rights initially permitted. The user's |
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| 14 | 14 | | remaining irrigation water rights must be used in accordance with |
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| 15 | 15 | | the original permit and must pass with transfer of the irrigated |
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| 16 | 16 | | land. However, the authority by rule may establish a procedure by |
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| 17 | 17 | | which the holder of a permit for irrigation use, or his or her |
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| 18 | 18 | | assignor, may change the place or purpose of use of the irrigation |
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| 19 | 19 | | water right and sell or lease such right in the event circumstances |
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| 20 | 20 | | arise in which continued agricultural activities on the land are |
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| 21 | 21 | | substantially impaired. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act to Section |
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| 23 | 23 | | 1.34, Chapter 626, Acts of the 73rd Legislature, Regular Session, |
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| 24 | 24 | | 1993, applies only to a transfer, and the contracts or other |
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| 25 | 25 | | transaction documents of any kind related thereto, including |
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| 26 | 26 | | documents related to the extension of credit, hereinafter |
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| 27 | 27 | | collectively referred to as "transfer", effective on or after the |
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| 28 | 28 | | effective date of this Act. The change in law made by this Act to |
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| 29 | 29 | | Section 1.34, Chapter 626, Acts of the 73rd Legislature, Regular |
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| 30 | 30 | | Session, 1993, does not affect the validity of a transfer effective |
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| 31 | 31 | | before the effective date of this Act. A transfer effective before |
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| 32 | 32 | | the effective date of this Act is governed by the provisions of |
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| 33 | 33 | | Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, |
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| 34 | 34 | | and the rules of the Edwards Aquifer Authority in effect at the time |
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| 35 | 35 | | the transfer became effective. Transfers effective before the |
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| 36 | 36 | | effective date of this Act, that have not been rescinded, and are |
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| 37 | 37 | | not subject to pending litigation are hereby conclusively validated |
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| 38 | 38 | | in all respects. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2019. |
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