Texas House Bill HB271

Texas 2021 - 87th Regular

Caption

Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.

Impact

The bill's provisions are expected to significantly impact the management of water resources in Texas. By instituting mandatory public meetings, the bill promotes transparency and public participation in decisions concerning watercourse navigability. Agencies must notify landowners and stakeholders in proximity to the watercourses to be evaluated, allowing them to voice their opinions at these meetings. This process is designed to protect the interests of affected landowners while also upholding the standardized approach to navigability determinations.

Summary

House Bill 271 introduces a structured procedure for state agencies to assess and issue opinions regarding the navigability of watercourses in Texas. The bill mandates that before an agency can declare a watercourse navigable, it must conduct a gradient boundary survey or obtain a written opinion from the General Land Office indicating that such a survey is unnecessary. This requirement aims to establish a clear baseline for determining what constitutes a navigable stream, helping to provide legal clarity and consistency across the state regarding water rights and access.

Contention

While proponents argue that the bill will enhance regulatory oversight and foster community engagement in water resource management, opponents may raise concerns regarding potential delays and bureaucratic hurdles in the navigability assessment process. The necessity for gradient boundary surveys may impose additional costs and logistical challenges on state agencies, possibly hindering prompt decision-making. Additionally, the appeals process for parties dissatisfied with the agency's opinion, while ensuring legal recourse, could complicate further management and utilization of water resources affecting both public and private entities.