Texas 2019 - 86th Regular

Texas House Bill HB3656 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3656
	1	+	By: Murr (Senate Sponsor - Flores) H.B. No. 3656
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 15, 2019, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the transfer of certain permitted irrigation water
6	12		rights related to a certain portion of the Edwards Aquifer.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 1.34, Chapter 626, Acts of the 73rd
9	15		Legislature, Regular Session, 1993, is amended to read as follows:
10	16		Sec. 1.34. TRANSFER OF RIGHTS. (a) In this section:
11	17		(1) "Developed land" means historically irrigated
12	18		land that has been physically altered by the installation of
13	19		utilities or construction of roads, parking lots, driveways,
14	20		foundations, structures, buildings, stormwater collection systems,
15	21		public parks, or athletic fields or by similar improvements.
16	22		(2) "Historically irrigated land" means land
17	23		irrigated during the historical period, as described by Section
18	24		1.16 of this Act, that provided the basis for the issuance of an
19	25		initial regular permit for irrigation use and is identified as the
20	26		place of use in the initial regular permit.
21	27		(3) "Land no longer practicable to farm" means
22	28		historically irrigated land:
23	29		(A) that has not been irrigated for more than
24	30		five years; and
25	31		(B) for which the owner of the land has submitted
26	32		to the authority documentation demonstrating that because of
27	33		development on land in close proximity to the historically
28	34		irrigated land, agricultural activities performed on the land,
29	35		including crop dusting or other applications of pesticides, have
30	36		the potential to compromise the health and safety of a farm operator
31	37		or of persons occupying or residing on property in close proximity
32	38		to the land.
33	39		(b) Water withdrawn from the aquifer must be used within the
34	40		boundaries of the authority.
35	41		(c) [(b)] The authority by rule may establish a procedure by
36	42		which a person who installs water conservation equipment may sell
37	43		the water conserved.
38	44		(d) Except as otherwise provided by this section, a [(c) A]
39	45		permit holder may lease permitted water rights, but a holder of a
40	46		permit for irrigation use may not lease more than 50 percent of the
41	47		irrigation rights initially permitted. The user's remaining
42	48		irrigation water rights must be used in accordance with the
43	49		original permit and must pass with transfer of the irrigated land.
44	50		(e) Subject to approval by the authority, the owner of
45	51		historically irrigated land may sever all or a portion of the
46	52		remaining water rights for the historically irrigated land which
47	53		has become developed land in the same proportion as the proportion
48	54		of developed land and undeveloped land or for which the owner of the
49	55		historically irrigated land has demonstrated that all or a portion
50	56		of the land is land no longer practicable to farm. Water rights used
51	57		for irrigation tied to a portion of land that cannot be developed
52	58		because of its topography or its location in a floodplain may be
53	59		included in the proportion of land considered developed land.
54	60		Water rights for use in irrigation severed under this subsection
55	61		may change in purpose or place of use. Rules adopted to implement
56	62		this subsection may not expand the type of land considered
57	63		developed land or land considered land no longer practicable to
58	64		farm. The approval of a severance under this section is subject to
59	65		a contested case hearing in accordance with authority rules.
60	66		(f) The authority may adopt rules to provide for a holder of
61	67		an initial regular permit for use in irrigation to lease all or part
62	68		of the water rights for use in irrigation granted in the initial
63	69		permit to another person for irrigating land, including land not
64	70		described in the initial regular permit, located in the authority.
65	71		Rules adopted under this subsection may allow the holder of an
66	72		initial regular permit to use the water rights temporarily for
67	73		irrigation at a location other than the land described in the
68	74		initial regular permit.
69	75		SECTION 2. Rules adopted by the Edwards Aquifer Authority
70	76		before the effective date of this Act relating to the severance of
71	77		water rights from historically irrigated land and actions taken by
72	78		the authority under those rules are validated and confirmed in all
73	79		respects.
74	80		SECTION 3. The change in law made by this Act to Section
75	81		1.34, Chapter 626, Acts of the 73rd Legislature, Regular Session,
76	82		1993, applies only to a transfer, and the contracts or other
77	83		transaction documents of any kind related thereto, including
78	84		documents related to the extension of credit, hereinafter
79	85		collectively referred to as "transfer," effective on or after the
80	86		effective date of this Act. The change in law made by this Act to
81	87		Section 1.34, Chapter 626, Acts of the 73rd Legislature, Regular
82	88		Session, 1993, does not affect the validity of a transfer effective
83	89		before the effective date of this Act. A transfer effective before
84	90		the effective date of this Act is governed by the provisions of
85	91		Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
86	92		and the rules of the Edwards Aquifer Authority in effect at the time
87	93		the transfer became effective. Transfers effective before the
88	94		effective date of this Act, that have not been rescinded, and are
89	95		not subject to pending litigation are hereby conclusively validated
90	96		in all respects.
91	97		SECTION 4. This Act takes effect September 1, 2019.
92		-	______________________________ ______________________________
93		-	President of the Senate Speaker of the House
94		-	I certify that H.B. No. 3656 was passed by the House on May 3,
95		-	2019, by the following vote: Yeas 141, Nays 1, 2 present, not
96		-	voting.
97		-	______________________________
98		-	Chief Clerk of the House
99		-	I certify that H.B. No. 3656 was passed by the Senate on May
100		-	21, 2019, by the following vote: Yeas 31, Nays 0.
101		-	______________________________
102		-	Secretary of the Senate
103		-	APPROVED: _____________________
104		-	Date
105		-	_____________________
106		-	Governor
	98	+	* * * * *