| 1 | 1 | | By: Orr, Ashby, Harris of Anderson, Bonnen, H.B. No. 4757 |
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| 2 | 2 | | Burrows, et al. |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulatory authority over certain water bodies. |
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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. Subchapter D, Chapter 11, Water Code, is amended |
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| 10 | 10 | | by adding Section 11.1274 to read as follows: |
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| 11 | 11 | | Sec. 11.1274. ADDITIONAL REQUIREMENT: APPROVAL OF |
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| 12 | 12 | | APPROPRIATION FROM CERTAIN WATER BODIES. (a) The commission may |
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| 13 | 13 | | not approve an application for a new or amended water right |
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| 14 | 14 | | authorizing an appropriation of water from Big Brown Creek or |
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| 15 | 15 | | Fairfield Lake in the Trinity River basin of Freestone County |
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| 16 | 16 | | unless the application: |
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| 17 | 17 | | (1) has first been approved by the Parks and Wildlife |
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| 18 | 18 | | Commission; and |
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| 19 | 19 | | (2) provides for the preservation of the historical |
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| 20 | 20 | | public access to and uses, water levels, and water quality of |
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| 21 | 21 | | Fairfield Lake. |
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| 22 | 22 | | (b) Notwithstanding any other law, on request of the Parks |
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| 23 | 23 | | and Wildlife Commission, the commission: |
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| 24 | 24 | | (1) shall assume complete regulatory authority over |
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| 25 | 25 | | Big Brown Creek and Fairfield Lake in the Trinity River basin of |
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| 26 | 26 | | Freestone County; and |
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| 27 | 27 | | (2) may seek injunctive relief to provide for the |
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| 28 | 28 | | preservation of the historical public access to and uses, water |
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| 29 | 29 | | levels, and water quality of Fairfield Lake. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies to a |
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| 31 | 31 | | new or amended water right for which an application is pending |
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| 32 | 32 | | before the Texas Commission on Environmental Quality on the |
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| 33 | 33 | | effective date of this Act or is filed with the commission on or |
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| 34 | 34 | | after that date. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2023. |
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