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