| 1 | 1 | | 89R15515 CMO-F |
|---|
| 2 | 2 | | By: Reynolds H.B. No. 5044 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to requiring the Texas Commission on Environmental Quality |
|---|
| 10 | 10 | | to study and report about water rights that may be subject to |
|---|
| 11 | 11 | | cancellation for nonuse. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 11.173, Water Code, is amended by adding |
|---|
| 14 | 14 | | Subsections (c) and (c-1) to read as follows: |
|---|
| 15 | 15 | | (c) At least once every five years, the commission shall: |
|---|
| 16 | 16 | | (1) analyze permits, certified filings, and |
|---|
| 17 | 17 | | certificates of adjudication under which all or part of the water |
|---|
| 18 | 18 | | authorized to be appropriated has not been put to beneficial use at |
|---|
| 19 | 19 | | any time during the immediately preceding 10-year period; and |
|---|
| 20 | 20 | | (2) prepare and submit to the board, the Parks and |
|---|
| 21 | 21 | | Wildlife Department, and the Legislative Budget Board a written |
|---|
| 22 | 22 | | report that: |
|---|
| 23 | 23 | | (A) identifies permits, certified filings, and |
|---|
| 24 | 24 | | certificates of adjudication analyzed under Subdivision (1) for |
|---|
| 25 | 25 | | which an exemption from cancellation is provided under Subsection |
|---|
| 26 | 26 | | (b); |
|---|
| 27 | 27 | | (B) identifies permits, certified filings, and |
|---|
| 28 | 28 | | certificates of adjudication analyzed under Subdivision (1) that |
|---|
| 29 | 29 | | may be subject to cancellation under Subsection (a); and |
|---|
| 30 | 30 | | (C) for each permit, filing, or certificate |
|---|
| 31 | 31 | | identified under Paragraph (B), specifies: |
|---|
| 32 | 32 | | (i) the volume of water associated with the |
|---|
| 33 | 33 | | permit, filing, or certificate; |
|---|
| 34 | 34 | | (ii) whether an action for cancellation of |
|---|
| 35 | 35 | | the permit, filing, or certificate has been initiated by the |
|---|
| 36 | 36 | | commission; and |
|---|
| 37 | 37 | | (iii) whether the water associated with the |
|---|
| 38 | 38 | | permit, filing, or certification may be appropriate for dedication |
|---|
| 39 | 39 | | to the Texas Water Trust established under Section 15.7031. |
|---|
| 40 | 40 | | (c-1) The commission shall submit the initial report |
|---|
| 41 | 41 | | required by Subsection (c) not later than December 31, 2026. This |
|---|
| 42 | 42 | | subsection expires September 1, 2027. |
|---|
| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|