74R5370 JJT-D
By Willis H.B. No. 475
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right to divert state water for irrigation of
1-3 certain cemeteries.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.121, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 11.121. Permit Required. Except as provided in
1-8 Sections 11.142, <and> 11.1421, and 11.1422 of this code, no person
1-9 may appropriate any state water or begin construction of any work
1-10 designed for the storage, taking, or diversion of water without
1-11 first obtaining a permit from the commission to make the
1-12 appropriation.
1-13 SECTION 2. Subchapter D, Chapter 11, Water Code, is amended
1-14 by adding Section 11.1422 to read as follows:
1-15 Sec. 11.1422. PERMIT EXEMPTION FOR HISTORIC CEMETERIES. (a)
1-16 Without obtaining a permit, a tax-exempt nonprofit corporation that
1-17 owns a cemetery may divert from a river not more than 200 acre-feet
1-18 of water each year to irrigate the grounds of the cemetery if the
1-19 cemetery:
1-20 (1) borders the river; and
1-21 (2) is more than 100 years old.
1-22 (b) The executive director or a watermaster who has
1-23 jurisdiction over the river from which a cemetery diverts water
1-24 under this section by order may restrict a diversion authorized by
2-1 this section if the executive director or watermaster determines
2-2 the diversion will harm a person downstream of the cemetery who
2-3 acquired a water right before September 1, 1995. The executive
2-4 director or watermaster shall limit the restriction to the extent
2-5 of the harm and to the period of the harm.
2-6 SECTION 3. This Act takes effect September 1, 1995.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.