88R778 JAM-F
By: Bowers H.B. No. 874
A BILL TO BE ENTITLED
AN ACT
relating to an exemption to the cancellation of a water right for
nonuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.173(b), Water Code, is amended to
read as follows:
(b) A permit, certified filing, or certificate of
adjudication or a portion of a permit, certified filing, or
certificate of adjudication is exempt from cancellation under
Subsection (a):
(1) to the extent of the owner's participation in the
Conservation Reserve Program authorized by the Food Security Act,
Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
or a similar governmental program;
(2) if a significant portion of the water authorized
to be used pursuant to a permit, certified filing, or certificate of
adjudication has been used in accordance with a specific
recommendation for meeting a water need included in the regional
water plan approved pursuant to Section 16.053;
(3) if the permit, certified filing, or certificate of
adjudication:
(A) was obtained to meet demonstrated long-term
public water supply or electric generation needs as evidenced by a
water management plan developed by the holder; and
(B) is consistent with projections of future
water needs contained in the state water plan;
(4) if the permit, certified filing, or certificate of
adjudication was obtained as the result of the construction of a
reservoir funded, in whole or in part, by the holder of the permit,
certified filing, or certificate of adjudication as part of the
holder's long-term water planning; or
(5) to the extent the nonuse resulted from:
(A) the implementation of water conservation
measures under a water conservation plan submitted by the holder of
the permit, certified filing, or certificate of adjudication as
evidenced by implementation reports submitted by the holder;
(B) a suspension, adjustment, or other
restriction on the use of the water authorized to be appropriated
under the permit, certified filing, or certificate of adjudication
imposed under an order issued by the executive director; [or]
(C) an inability to appropriate the water
authorized to be appropriated under the permit, certified filing,
or certificate of adjudication due to drought conditions; or
(D) an executed temporary or permanent
forbearance agreement that:
(i) promotes restoration, preservation, or
enhancement of instream flows;
(ii) was entered into by the holder of the
permit, certified filing, or certificate of adjudication; and
(iii) was filed with the commission not
later than the 180th day after the date the agreement was executed.
SECTION 2. This Act takes effect September 1, 2023.