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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption to the cancellation of a water right for |
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nonuse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.173(b), Water Code, is amended to |
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read as follows: |
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(b) A permit, certified filing, or certificate of |
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adjudication or a portion of a permit, certified filing, or |
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certificate of adjudication is exempt from cancellation under |
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Subsection (a): |
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(1) to the extent of the owner's participation in the |
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Conservation Reserve Program authorized by the Food Security Act, |
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Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985) |
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or a similar governmental program; |
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(2) if a significant portion of the water authorized |
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to be used pursuant to a permit, certified filing, or certificate of |
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adjudication has been used in accordance with a specific |
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recommendation for meeting a water need included in the regional |
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water plan approved pursuant to Section 16.053; |
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(3) if the permit, certified filing, or certificate of |
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adjudication: |
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(A) was obtained to meet demonstrated long-term |
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public water supply or electric generation needs as evidenced by a |
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water management plan developed by the holder; and |
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(B) is consistent with projections of future |
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water needs contained in the state water plan; |
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(4) if the permit, certified filing, or certificate of |
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adjudication was obtained as the result of the construction of a |
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reservoir funded, in whole or in part, by the holder of the permit, |
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certified filing, or certificate of adjudication as part of the |
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holder's long-term water planning; or |
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(5) to the extent the nonuse resulted from: |
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(A) the implementation of water conservation |
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measures under a water conservation plan submitted by the holder of |
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the permit, certified filing, or certificate of adjudication as |
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evidenced by implementation reports submitted by the holder; |
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(B) a suspension, adjustment, or other |
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restriction on the use of the water authorized to be appropriated |
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under the permit, certified filing, or certificate of adjudication |
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imposed under an order issued by the executive director; [or] |
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(C) an inability to appropriate the water |
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authorized to be appropriated under the permit, certified filing, |
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or certificate of adjudication due to drought conditions; or |
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(D) an executed temporary or permanent |
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forbearance agreement that: |
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(i) promotes restoration, preservation, or |
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enhancement of instream flows; |
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(ii) was entered into by the holder of the |
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permit, certified filing, or certificate of adjudication; and |
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(iii) was filed with the commission not |
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later than the 180th day after the date the agreement was executed. |
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SECTION 2. This Act takes effect September 1, 2023. |