1 | 1 | | 89R9865 KRM-F |
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2 | 2 | | By: Perry S.B. No. 1629 |
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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 administration by the Texas Water Development Board |
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10 | 10 | | of the Texas Water Bank and certain funds and accounts. |
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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. Section 15.153(b), Water Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (b) The fund may be used to: |
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15 | 15 | | (1) provide financial assistance to political |
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16 | 16 | | subdivisions to develop water supply projects that create new water |
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17 | 17 | | sources for the state, including: |
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18 | 18 | | (A) desalination projects, including marine and |
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19 | 19 | | brackish water desalination; |
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20 | 20 | | (B) produced water treatment projects, other |
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21 | 21 | | than projects that are only for purposes of oil and gas exploration; |
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22 | 22 | | (C) aquifer storage and recovery projects; [and] |
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23 | 23 | | (D) reservoir projects for which: |
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24 | 24 | | (i) a permit for the discharge of dredged or |
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25 | 25 | | fill material has been issued by the United States secretary of the |
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26 | 26 | | army under Section 404, Federal Water Pollution Control Act (33 |
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27 | 27 | | U.S.C. Section 1344); and |
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28 | 28 | | (ii) a permit for the storage, taking, or |
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29 | 29 | | diversion of state water has been issued by the commission under |
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30 | 30 | | Section 11.121; and |
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31 | 31 | | (E) the development of infrastructure to |
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32 | 32 | | transport or integrate into a water supply system water that is made |
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33 | 33 | | available by a project described by this subdivision; |
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34 | 34 | | (2) make transfers from the fund: |
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35 | 35 | | (A) to the state water implementation fund for |
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36 | 36 | | Texas established under Subchapter G or the Texas Water Development |
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37 | 37 | | Fund II established under Subchapter L, Chapter 17; and |
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38 | 38 | | (B) for a purpose described by Subdivision (1); |
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39 | 39 | | [and] |
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40 | 40 | | (3) make transfers from the fund to the water bank |
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41 | 41 | | account established under Section 15.707; and |
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42 | 42 | | (4) make transfers from the fund: |
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43 | 43 | | (A) to the Texas Water Development Fund II state |
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44 | 44 | | participation account established under Section 17.957; and |
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45 | 45 | | (B) for a purpose described by Subdivision (1). |
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46 | 46 | | SECTION 2. Section 15.703(a), Water Code, is amended to |
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47 | 47 | | read as follows: |
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48 | 48 | | (a) The board may take all actions necessary to operate the |
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49 | 49 | | water bank and to facilitate the transfer of water rights from the |
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50 | 50 | | water bank for future beneficial use, including but not limited to: |
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51 | 51 | | (1) negotiating a sale price and terms acceptable to |
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52 | 52 | | the depositor and purchaser; |
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53 | 53 | | (2) maintaining a registry of water bank deposits and |
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54 | 54 | | those water users in need of additional supplies; |
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55 | 55 | | (3) informing water users in need of additional supply |
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56 | 56 | | of water rights available in the bank; |
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57 | 57 | | (4) encouraging water right holders to implement water |
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58 | 58 | | conservation practices and deposit the right to use the conserved |
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59 | 59 | | water into the bank; |
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60 | 60 | | (5) establishing requirements for deposit of a water |
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61 | 61 | | right into the water bank, including minimum terms for deposit; |
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62 | 62 | | (6) purchasing, holding, and transferring water or |
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63 | 63 | | water rights in its own name, including purchasing, holding, and |
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64 | 64 | | transferring water or water rights originating outside this state |
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65 | 65 | | for the purpose of providing water for the use or benefit of this |
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66 | 66 | | state; |
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67 | 67 | | (7) establishing regional water banks; |
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68 | 68 | | (8) acting as a clearinghouse for water marketing |
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69 | 69 | | information including water availability, pricing of water |
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70 | 70 | | transactions, environmental considerations, and potential buyers |
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71 | 71 | | and sellers of water rights; |
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72 | 72 | | (9) preparing and publishing a manual on structuring |
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73 | 73 | | water transactions; |
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74 | 74 | | (10) accepting and holding donations of water rights |
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75 | 75 | | to meet instream, water quality, fish and wildlife habitat, or bay |
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76 | 76 | | and estuary inflow needs; |
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77 | 77 | | (11) entering into contracts with persons to pay for |
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78 | 78 | | feasibility studies or the preparation of plans and specifications |
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79 | 79 | | relating to water conservation efforts or to estimate the amount of |
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80 | 80 | | water that would be saved through conservation efforts; and |
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81 | 81 | | (12) other actions to facilitate water transactions. |
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82 | 82 | | SECTION 3. Section 16.131(a), Water Code, is amended to |
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83 | 83 | | read as follows: |
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84 | 84 | | (a) The board may use the state participation account of the |
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85 | 85 | | development fund to encourage optimum regional and interregional |
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86 | 86 | | development of projects, including the design, acquisition, lease, |
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87 | 87 | | construction, reconstruction, development, or enlargement in whole |
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88 | 88 | | or part of: |
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89 | 89 | | (1) reservoirs and storm water retention basins for |
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90 | 90 | | water supply, flood protection, and groundwater recharge; |
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91 | 91 | | (2) facilities for the transmission and treatment of |
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92 | 92 | | water; |
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93 | 93 | | (3) treatment works as defined by Section 17.001; |
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94 | 94 | | [and] |
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95 | 95 | | (4) interregional water supply projects selected |
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96 | 96 | | under Section 16.145; and |
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97 | 97 | | (5) projects described by Section 15.153(b)(1). |
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98 | 98 | | SECTION 4. The following provisions of the Water Code are |
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99 | 99 | | repealed: |
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100 | 100 | | (1) Section 16.131(c); and |
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101 | 101 | | (2) Section 16.146(h). |
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102 | 102 | | SECTION 5. This Act takes effect September 1, 2025. |
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