Texas House Bill HB4874

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to notice of a water right amendment filed with the Texas Commission on Environmental Quality regarding a change in purpose of use.

Impact

If enacted, HB 4874 would amend Section 11.122 of the Water Code, introducing new requirements for applications that involve changing the purpose of water rights. The implementation of this bill would apply to any amendment applications filed after its effective date, ensuring that the new public notice provisions are followed. The amendment focuses on safeguarding against potential adverse impacts on existing water rights holders and the environment, fostering a more informed and participatory approach to water management in Texas.

Summary

House Bill 4874 addresses the process of notifying the public about amendments to water rights filed with the Texas Commission on Environmental Quality (TCEQ). The bill specifically requires public notice whenever there is a change in the purpose of water use, such as from power generation to other consumptive uses. This initiative aims to enhance transparency and public engagement in the management of water resources in Texas, reflecting a growing recognition of the importance of environmental accountability and community involvement in water rights management.

Sentiment

The sentiment surrounding HB 4874 appears to be generally positive among stakeholders who are in favor of increased transparency and public participation in environmental matters. Supporters argue that the bill represents a necessary step towards responsible management of water resources, allowing local communities to be more aware of changes that may affect their environment. However, there are concerns about the administrative burdens this might place on the TCEQ and whether the new notice requirements could delay important changes to water rights.

Contention

Notable points of contention focus on balancing efficient regulatory processes with the need for public notification and involvement. While supporters of the bill, including various stakeholders from the environmental sector, endorse the idea of public disclosure, there are apprehensions regarding the effectiveness of additional regulations and whether they might hinder timely access to water resources for necessary developments. The discussions surrounding HB 4874 reflect a broader dialogue about environmental stewardship versus economic needs in Texas.

Texas Constitutional Statutes Affected

Water Code

• Chapter 11. Water Rights
  • Section: 122