89R13860 CMO-D
By: Dean H.B. No. 4433
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for obtaining an interbasin water
transfer permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.085(b) and (k), Water Code, are
amended to read as follows:
(b) The application must include:
(1) the contract price of the water to be transferred;
(2) a statement of each general category of proposed
use of the water to be transferred and a detailed description of the
proposed uses and users under each category; [and]
(3) the cost of diverting, conveying, distributing,
and supplying the water to, and treating the water for, the proposed
users; and
(4) an enforceable affirmation that the receiving
basin will implement water conservation and drought contingency
measures to avoid waste.
(k) In addition to other requirements of this code relating
to the review of and action on an application for a new water right
or amended permit, certified filing, or certificate of
adjudication, the commission shall weigh the effects of the
proposed transfer by considering:
(1) the need for the water in the basin of origin and
in the proposed receiving basin based on the period for which the
water supply is requested, but not to exceed 50 years;
(2) factors identified in the applicable approved
regional water plans which address the following:
(A) the availability of feasible and practicable
alternative supplies in the receiving basin to the water proposed
for transfer;
(B) the amount and purposes of use in the
receiving basin for which water is needed;
(C) the water conservation and drought
contingency measures to be implemented [proposed methods and
efforts] by the receiving basin to avoid waste as required under
Subsection (b)(4) [and implement water conservation and drought
contingency measures];
(D) proposed methods and efforts by the receiving
basin to put the water proposed for transfer to beneficial use;
(E) the projected economic impact that is
reasonably expected to occur in each basin as a result of the
transfer; and
(F) the projected impacts of the proposed
transfer that are reasonably expected to occur on existing water
rights, instream uses, water quality, aquatic and riparian habitat,
and bays and estuaries that must be assessed under Sections 11.147,
11.150, and 11.152 of this code in each basin. If the water sought
to be transferred is currently authorized to be used under an
existing permit, certified filing, or certificate of adjudication,
such impacts shall only be considered in relation to that portion of
the permit, certified filing, or certificate of adjudication
proposed for transfer and shall be based on historical uses of the
permit, certified filing, or certificate of adjudication for which
amendment is sought;
(3) proposed mitigation or compensation, if any, to
the basin of origin by the applicant;
(4) the continued need to use the water for the
purposes authorized under the existing permit, certified filing, or
certificate of adjudication, if an amendment to an existing water
right is sought; and
(5) the information required to be submitted by the
applicant.
SECTION 2. (a) This Act does not apply to an application
for a water right or an amendment to a permit, certified filing, or
certificate of adjudication authorizing an interbasin transfer of
water that is accepted for filing before the effective date of this
Act.
(b) An application for a water right or an amendment to a
permit, certified filing, or certificate of adjudication
authorizing an interbasin transfer of water that is accepted for
filing before the effective date of this Act is governed by the law
in effect at the time the application is accepted for filing, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.