| 1 | 1 | | 88R778 JAM-F |
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| 2 | 2 | | By: Bowers, et al. H.B. No. 874 |
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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 an exemption to the cancellation of a water right for |
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| 8 | 8 | | nonuse. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11.173(b), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) A permit, certified filing, or certificate of |
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| 13 | 13 | | adjudication or a portion of a permit, certified filing, or |
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| 14 | 14 | | certificate of adjudication is exempt from cancellation under |
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| 15 | 15 | | Subsection (a): |
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| 16 | 16 | | (1) to the extent of the owner's participation in the |
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| 17 | 17 | | Conservation Reserve Program authorized by the Food Security Act, |
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| 18 | 18 | | Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985) |
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| 19 | 19 | | or a similar governmental program; |
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| 20 | 20 | | (2) if a significant portion of the water authorized |
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| 21 | 21 | | to be used pursuant to a permit, certified filing, or certificate of |
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| 22 | 22 | | adjudication has been used in accordance with a specific |
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| 23 | 23 | | recommendation for meeting a water need included in the regional |
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| 24 | 24 | | water plan approved pursuant to Section 16.053; |
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| 25 | 25 | | (3) if the permit, certified filing, or certificate of |
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| 26 | 26 | | adjudication: |
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| 27 | 27 | | (A) was obtained to meet demonstrated long-term |
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| 28 | 28 | | public water supply or electric generation needs as evidenced by a |
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| 29 | 29 | | water management plan developed by the holder; and |
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| 30 | 30 | | (B) is consistent with projections of future |
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| 31 | 31 | | water needs contained in the state water plan; |
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| 32 | 32 | | (4) if the permit, certified filing, or certificate of |
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| 33 | 33 | | adjudication was obtained as the result of the construction of a |
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| 34 | 34 | | reservoir funded, in whole or in part, by the holder of the permit, |
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| 35 | 35 | | certified filing, or certificate of adjudication as part of the |
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| 36 | 36 | | holder's long-term water planning; or |
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| 37 | 37 | | (5) to the extent the nonuse resulted from: |
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| 38 | 38 | | (A) the implementation of water conservation |
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| 39 | 39 | | measures under a water conservation plan submitted by the holder of |
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| 40 | 40 | | the permit, certified filing, or certificate of adjudication as |
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| 41 | 41 | | evidenced by implementation reports submitted by the holder; |
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| 42 | 42 | | (B) a suspension, adjustment, or other |
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| 43 | 43 | | restriction on the use of the water authorized to be appropriated |
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| 44 | 44 | | under the permit, certified filing, or certificate of adjudication |
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| 45 | 45 | | imposed under an order issued by the executive director; [or] |
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| 46 | 46 | | (C) an inability to appropriate the water |
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| 47 | 47 | | authorized to be appropriated under the permit, certified filing, |
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| 48 | 48 | | or certificate of adjudication due to drought conditions; or |
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| 49 | 49 | | (D) an executed temporary or permanent |
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| 50 | 50 | | forbearance agreement that: |
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| 51 | 51 | | (i) promotes restoration, preservation, or |
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| 52 | 52 | | enhancement of instream flows; |
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| 53 | 53 | | (ii) was entered into by the holder of the |
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| 54 | 54 | | permit, certified filing, or certificate of adjudication; and |
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| 55 | 55 | | (iii) was filed with the commission not |
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| 56 | 56 | | later than the 180th day after the date the agreement was executed. |
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| 57 | 57 | | SECTION 2. This Act takes effect September 1, 2023. |
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