Texas 2021 - 87th Regular

Texas House Bill HB2710 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bowers (Senate Sponsor - Zaffirini) H.B. No. 2710
2		-	(In the Senate - Received from the House May 17, 2021;
3		-	May 17, 2021, read first time and referred to Committee on Water,
4		-	Agriculture & Rural Affairs; May 21, 2021, reported favorably by
5		-	the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Bowers H.B. No. 2710
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to an exemption to the cancellation of a water right for
12	7		nonuse.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Section 11.173(b), Water Code, is amended to
15	10		read as follows:
16	11		(b) A permit, certified filing, or certificate of
17	12		adjudication or a portion of a permit, certified filing, or
18	13		certificate of adjudication is exempt from cancellation under
19	14		Subsection (a):
20	15		(1) to the extent of the owner's participation in the
21	16		Conservation Reserve Program authorized by the Food Security Act,
22	17		Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
23	18		or a similar governmental program;
24	19		(2) if a significant portion of the water authorized
25	20		to be used pursuant to a permit, certified filing, or certificate of
26	21		adjudication has been used in accordance with a specific
27	22		recommendation for meeting a water need included in the regional
28	23		water plan approved pursuant to Section 16.053;
29	24		(3) if the permit, certified filing, or certificate of
30	25		adjudication:
31	26		(A) was obtained to meet demonstrated long-term
32	27		public water supply or electric generation needs as evidenced by a
33	28		water management plan developed by the holder; and
34	29		(B) is consistent with projections of future
35	30		water needs contained in the state water plan;
36	31		(4) if the permit, certified filing, or certificate of
37	32		adjudication was obtained as the result of the construction of a
38	33		reservoir funded, in whole or in part, by the holder of the permit,
39	34		certified filing, or certificate of adjudication as part of the
40	35		holder's long-term water planning; or
41	36		(5) to the extent the nonuse resulted from:
42	37		(A) the implementation of water conservation
43	38		measures under a water conservation plan submitted by the holder of
44	39		the permit, certified filing, or certificate of adjudication as
45	40		evidenced by implementation reports submitted by the holder;
46	41		(B) a suspension, adjustment, or other
47	42		restriction on the use of the water authorized to be appropriated
48	43		under the permit, certified filing, or certificate of adjudication
49	44		imposed under an order issued by the executive director; [or]
50	45		(C) an inability to appropriate the water
51	46		authorized to be appropriated under the permit, certified filing,
52	47		or certificate of adjudication due to drought conditions; or
53	48		(D) an executed temporary or permanent
54	49		forbearance agreement that:
55	50		(i) promotes restoration, preservation, or
56	51		enhancement of instream flows;
57	52		(ii) was entered into by the holder of the
58	53		permit, certified filing, or certificate of adjudication; and
59	54		(iii) was filed with the commission not
60	55		later than the 180th day after the date the agreement was executed.
61	56		SECTION 2. This Act takes effect September 1, 2021.
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