Texas House Bill HB5518

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the procedure for action on certain applications for an amendment to a water right.

Impact

The impact of HB5518 could be significant for both applicants seeking to amend their water rights and for the broader environmental context. By permitting waivers, the bill may facilitate quicker actions on water right modifications, potentially benefiting businesses and individuals who rely on expedient processes for water access. However, while the bill promotes efficiency in processing applications, it raises concerns regarding the safeguarding of environmental standards and the rights of existing water permit holders. Critics may argue that this provision could lead to adverse outcomes for the environment if waivers are granted without sufficient scrutiny.

Summary

House Bill 5518 seeks to amend the existing procedures regarding applications for amendments to water rights in Texas. The key change is the introduction of a provision that allows the Texas Commission on Environmental Quality (TCEQ) to waive certain regulatory requirements related to water right amendments if it determines that such a waiver would not adversely affect the environment or the rights of other permit holders. This legislative change aims to streamline the process for water right amendments by providing flexibility in regulatory compliance.

Contention

Notably, the contention surrounding HB5518 is primarily centered on the balance between efficiency and environmental protection. Advocates for the bill argue that it is crucial for adapting to the growing demands on water resources, while opponents are concerned that the waiver mechanism might undermine environmental protections established to maintain sustainable water use practices. The phrase 'not adversely affect the environment' opens the door to varying interpretations, raising questions about how effectively the TCEQ can manage potential conflicts between expedited applications and environmental preservation.

Texas Constitutional Statutes Affected

Water Code

• Chapter 11. Water Rights
  • Section: 122