Texas House Bill HB5044

Texas 2025 - 89th Regular

• Filed: 3/13/25

Caption

Relating to requiring the Texas Commission on Environmental Quality to study and report about water rights that may be subject to cancellation for nonuse.

Impact

The bill establishes a structured process where the TCEQ must provide a report every five years identifying water rights that could potentially be canceled. This report will not only outline which rights are affected but also indicate whether those rights could be allocated to the Texas Water Trust for conservation or other purposes. It is set to promote accountability and responsible stewardship of water resources, which is critical in a state facing significant water scarcity challenges.

Summary

House Bill 5044 mandates the Texas Commission on Environmental Quality (TCEQ) to conduct a thorough analysis of water rights that may be subject to cancellation due to nonuse. Specifically, it requires the commission to review permits, certified filings, and certificates of adjudication that have not been utilized beneficially within a ten-year timeframe. This initiative aims to enhance the management of water resources in Texas and ensure that water rights are actively maintained and used effectively.

Contention

One notable point of contention is the balance between safeguarding individual water rights and advancing broader environmental goals. While some entities may fear that increased scrutiny could threaten their established water rights, proponents argue that this bill is essential for closing gaps in water usage and preventing waste. There is a pervasive concern regarding how these measures might affect agricultural and urban users who rely heavily on water rights for their livelihoods.

Texas Constitutional Statutes Affected

Water Code

• Chapter 11. Water Rights
  • Section: 173