| 1 | 1 | | 89R8138 KRM-F |
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| 2 | 2 | | By: Romero H.B. No. 4530 |
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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 dedication and management of water rights placed in |
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| 10 | 10 | | the Texas Water Trust. |
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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 12.028(b) and (c), Parks and Wildlife |
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| 13 | 13 | | Code, are amended to read as follows: |
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| 14 | 14 | | (b) Consistent with Section 11.0235(b), Water Code, and the |
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| 15 | 15 | | department's duties and responsibilities, the department shall |
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| 16 | 16 | | encourage and facilitate the dedication of surface water rights in |
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| 17 | 17 | | the Texas Water Trust through lease, donation, purchase, or other |
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| 18 | 18 | | means of voluntary transfer for environmental needs, including for |
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| 19 | 19 | | the purpose of maintaining or improving: |
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| 20 | 20 | | (1) instream flows; |
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| 21 | 21 | | (2) water quality; |
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| 22 | 22 | | (3) fish and wildlife habitat; and |
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| 23 | 23 | | (4) bay and estuary inflows. |
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| 24 | 24 | | (c) The department may manage surface water rights in the |
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| 25 | 25 | | Texas Water Trust in a manner that is consistent with: |
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| 26 | 26 | | (1) the manner in which a holder of the rights may |
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| 27 | 27 | | manage the rights; |
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| 28 | 28 | | (2) the dedication of the rights, including the |
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| 29 | 29 | | dedication's terms and conditions; |
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| 30 | 30 | | (3) Sections 11.0237, 11.027, and 11.122, Water Code; |
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| 31 | 31 | | and |
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| 32 | 32 | | (4) maximizing environmental benefits. |
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| 33 | 33 | | SECTION 2. Section 15.7031, Water Code, is amended by |
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| 34 | 34 | | amending Subsections (c) and (e) and adding Subsection (c-1) to |
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| 35 | 35 | | read as follows: |
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| 36 | 36 | | (c) The dedication of any surface water rights placed in |
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| 37 | 37 | | trust must be reviewed and approved by the commission, in |
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| 38 | 38 | | consultation with the board and the Parks and Wildlife Department. |
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| 39 | 39 | | In addition, the Department of Agriculture may provide input to the |
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| 40 | 40 | | commission, as appropriate, during the review and approval process |
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| 41 | 41 | | for the dedication of surface water rights. |
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| 42 | 42 | | (c-1) The dedication of any groundwater rights placed in |
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| 43 | 43 | | trust must be reviewed and approved by the board. The board must |
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| 44 | 44 | | provide notice of the dedication to any district or authority that: |
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| 45 | 45 | | (1) was created under Section 52, Article III, or |
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| 46 | 46 | | Section 59, Article XVI, Texas Constitution; and |
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| 47 | 47 | | (2) has the authority to regulate the spacing of or |
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| 48 | 48 | | production from water wells located in the aquifer, subdivision of |
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| 49 | 49 | | the aquifer, or geologic stratum in which the groundwater that is |
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| 50 | 50 | | the subject of the groundwater rights is located. |
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| 51 | 51 | | (e) The Parks and Wildlife Department may manage surface |
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| 52 | 52 | | water rights in the trust: |
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| 53 | 53 | | (1) under a voluntary agreement with a rights holder; |
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| 54 | 54 | | and |
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| 55 | 55 | | (2) in the manner described by Section 12.028(c), |
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| 56 | 56 | | Parks and Wildlife Code. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2025. |
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