| 1 | 1 | | 89R13860 CMO-D |
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| 2 | 2 | | By: Dean H.B. No. 4433 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the requirements for obtaining an interbasin water |
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| 10 | 10 | | transfer permit. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 11.085(b) and (k), Water Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) The application must include: |
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| 15 | 15 | | (1) the contract price of the water to be transferred; |
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| 16 | 16 | | (2) a statement of each general category of proposed |
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| 17 | 17 | | use of the water to be transferred and a detailed description of the |
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| 18 | 18 | | proposed uses and users under each category; [and] |
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| 19 | 19 | | (3) the cost of diverting, conveying, distributing, |
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| 20 | 20 | | and supplying the water to, and treating the water for, the proposed |
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| 21 | 21 | | users; and |
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| 22 | 22 | | (4) an enforceable affirmation that the receiving |
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| 23 | 23 | | basin will implement water conservation and drought contingency |
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| 24 | 24 | | measures to avoid waste. |
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| 25 | 25 | | (k) In addition to other requirements of this code relating |
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| 26 | 26 | | to the review of and action on an application for a new water right |
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| 27 | 27 | | or amended permit, certified filing, or certificate of |
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| 28 | 28 | | adjudication, the commission shall weigh the effects of the |
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| 29 | 29 | | proposed transfer by considering: |
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| 30 | 30 | | (1) the need for the water in the basin of origin and |
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| 31 | 31 | | in the proposed receiving basin based on the period for which the |
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| 32 | 32 | | water supply is requested, but not to exceed 50 years; |
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| 33 | 33 | | (2) factors identified in the applicable approved |
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| 34 | 34 | | regional water plans which address the following: |
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| 35 | 35 | | (A) the availability of feasible and practicable |
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| 36 | 36 | | alternative supplies in the receiving basin to the water proposed |
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| 37 | 37 | | for transfer; |
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| 38 | 38 | | (B) the amount and purposes of use in the |
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| 39 | 39 | | receiving basin for which water is needed; |
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| 40 | 40 | | (C) the water conservation and drought |
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| 41 | 41 | | contingency measures to be implemented [proposed methods and |
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| 42 | 42 | | efforts] by the receiving basin to avoid waste as required under |
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| 43 | 43 | | Subsection (b)(4) [and implement water conservation and drought |
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| 44 | 44 | | contingency measures]; |
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| 45 | 45 | | (D) proposed methods and efforts by the receiving |
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| 46 | 46 | | basin to put the water proposed for transfer to beneficial use; |
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| 47 | 47 | | (E) the projected economic impact that is |
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| 48 | 48 | | reasonably expected to occur in each basin as a result of the |
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| 49 | 49 | | transfer; and |
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| 50 | 50 | | (F) the projected impacts of the proposed |
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| 51 | 51 | | transfer that are reasonably expected to occur on existing water |
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| 52 | 52 | | rights, instream uses, water quality, aquatic and riparian habitat, |
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| 53 | 53 | | and bays and estuaries that must be assessed under Sections 11.147, |
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| 54 | 54 | | 11.150, and 11.152 of this code in each basin. If the water sought |
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| 55 | 55 | | to be transferred is currently authorized to be used under an |
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| 56 | 56 | | existing permit, certified filing, or certificate of adjudication, |
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| 57 | 57 | | such impacts shall only be considered in relation to that portion of |
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| 58 | 58 | | the permit, certified filing, or certificate of adjudication |
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| 59 | 59 | | proposed for transfer and shall be based on historical uses of the |
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| 60 | 60 | | permit, certified filing, or certificate of adjudication for which |
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| 61 | 61 | | amendment is sought; |
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| 62 | 62 | | (3) proposed mitigation or compensation, if any, to |
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| 63 | 63 | | the basin of origin by the applicant; |
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| 64 | 64 | | (4) the continued need to use the water for the |
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| 65 | 65 | | purposes authorized under the existing permit, certified filing, or |
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| 66 | 66 | | certificate of adjudication, if an amendment to an existing water |
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| 67 | 67 | | right is sought; and |
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| 68 | 68 | | (5) the information required to be submitted by the |
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| 69 | 69 | | applicant. |
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| 70 | 70 | | SECTION 2. (a) This Act does not apply to an application |
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| 71 | 71 | | for a water right or an amendment to a permit, certified filing, or |
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| 72 | 72 | | certificate of adjudication authorizing an interbasin transfer of |
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| 73 | 73 | | water that is accepted for filing before the effective date of this |
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| 74 | 74 | | Act. |
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| 75 | 75 | | (b) An application for a water right or an amendment to a |
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| 76 | 76 | | permit, certified filing, or certificate of adjudication |
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| 77 | 77 | | authorizing an interbasin transfer of water that is accepted for |
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| 78 | 78 | | filing before the effective date of this Act is governed by the law |
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| 79 | 79 | | in effect at the time the application is accepted for filing, and |
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| 80 | 80 | | the former law is continued in effect for that purpose. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2025. |
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