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effective date of this Act, that have not been rescinded, and are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