By Combs, Stiles H.B. No. 2276 74R6549 MI-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to interwatershed transfers of surface water. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 11.085(b), Water Code, is amended to read 1-5 as follows: 1-6 (b) No person may transfer water from one watershed to 1-7 another without first applying for and receiving a permit from the 1-8 commission to do so. Before issuing such a permit, the commission 1-9 shall hold a hearing to determine the rights that might be affected 1-10 by the transfer and must comply with the requirements of Sections 1-11 11.0851 and 11.0852. The commission shall give notice and hold the 1-12 hearing in the manner prescribed by its procedural rules. 1-13 SECTION 2. Subchapter C, Chapter 11, Water Code, is amended 1-14 by adding Sections 11.0851, 11.0852, and 11.0853 to read as 1-15 follows: 1-16 Sec. 11.0851. INTERWATERSHED TRANSFERS: REGIONAL WATER 1-17 MANAGEMENT PLAN REQUIRED. (a) The commission may not issue a 1-18 permit for an interwatershed transfer of surface water unless a 1-19 regional water management plan for the receiving basin has been 1-20 approved by the commission and incorporated as a condition of the 1-21 transfer permit. 1-22 (b) The commission shall adopt procedures for the 1-23 development of the regional water management plan that provide for 1-24 broad public participation from both the exporting and the 2-1 receiving basins. The procedures must require: 2-2 (1) notice of the proposed transfer to all persons in 2-3 both the exporting and receiving basins whose rights or interests 2-4 may be affected; 2-5 (2) a separate public hearing on the proposed transfer 2-6 in the exporting and in the receiving basin; 2-7 (3) approval of the plan by the two basins; and 2-8 (4) the submission of the plan to the commission and 2-9 review and approval of the plan by the commission. 2-10 (c) A regional water management plan must: 2-11 (1) demonstrate that before any transfer the receiving 2-12 basin has examined or implemented, and during any transfer will 2-13 reexamine or implement, all reasonable measures to develop or 2-14 extend local water supplies, including: 2-15 (A) measures to assure efficient management of 2-16 existing water supplies in order to provide optimum yield; 2-17 (B) aggressive water conservation and reuse 2-18 programs, including the use of greywater for the irrigation of 2-19 public areas and new residential areas; 2-20 (C) purchase and transfer of water within the 2-21 applicant's basin; 2-22 (D) stringent drought management procedures; and 2-23 (E) other similar measures prescribed by 2-24 commission rule; 2-25 (2) estimate future water demands and identify and 2-26 evaluate all practicable water supply options and conservation 2-27 measures to meet those demands; and 3-1 (3) provide mechanisms for protecting the water supply 3-2 of the exporting basin, which may include: 3-3 (A) a surcharge against the amount of water 3-4 exported to compensate the exporting basin for the costs of 3-5 dry-year alternative water supplies; or 3-6 (B) compensation to the exporting basin through 3-7 free use of part of the exported water resource. 3-8 (d) A regional water management plan approved and 3-9 incorporated as a condition of a permit is enforceable in the same 3-10 manner as other permit conditions and as provided by commission 3-11 rule adopted under Subsection (e). 3-12 (e) The commission by rule shall adopt procedures by which 3-13 an affected party may petition the commission for an emergency 3-14 order suspending or terminating an interwatershed transfer permit 3-15 if the receiving basin is violating the regional water management 3-16 plan or another condition of the permit. 3-17 Sec. 11.0852. INTERWATERSHED TRANSFERS: YIELD REQUIREMENTS. 3-18 A permit for an interwatershed transfer or a water supply contract 3-19 for an interwatershed transfer may not authorize a level of 3-20 firm-yield supply to the receiving basin that exceeds 70 percent of 3-21 the entire amount to be supplied under the permit or contract. A 3-22 permit for an interwatershed transfer or a water supply contract 3-23 for an interwatershed transfer must assure that not less than 30 3-24 percent of the entire amount to be supplied is subject to 3-25 interruption to protect the exporting basin's water requirements in 3-26 time of drought. 3-27 Sec. 11.0853. INTERWATERSHED TRANSFERS: RESTRICTED USE. 4-1 Water obtained through an interwatershed transfer may not be used 4-2 in the receiving basin for lawn irrigation, water amusement parks, 4-3 maintaining water levels for recreational or aesthetic purposes, 4-4 or other nonessential uses specified by commission rule. 4-5 SECTION 3. Subchapter C, Chapter 16, Water Code, is amended 4-6 by adding Section 16.0515 to read as follows: 4-7 Sec. 16.0515. SUPPLY AND DEMAND FORECASTS. (a) Before the 4-8 board may use a water supply or demand forecast to determine 4-9 whether a river basin is a surplus water basin for planning 4-10 purposes, the board must confer and reach agreement concerning the 4-11 forecast with the responsible river authority and a panel of users 4-12 of water from that basin. 4-13 (b) A water supply forecast and a water demand forecast to 4-14 be considered under this section must be prepared using the same 4-15 formula according to requirements adopted by the board. 4-16 SECTION 4. The change in law made by Sections 11.0851 4-17 through 11.0853, Water Code, as added by this Act, applies only to: 4-18 (1) a contract executed after the effective date of 4-19 this Act; or 4-20 (2) a permit the application for which is: 4-21 (A) pending before the Texas Natural Resource 4-22 Conservation Commission on the effective date of this Act; or 4-23 (B) submitted to the Texas Natural Resource 4-24 Conservation Commission on or after the effective date of this Act. 4-25 SECTION 5. This Act takes effect September 1, 1995. 4-26 SECTION 6. The importance of this legislation and the 4-27 crowded condition of the calendars in both houses create an 5-1 emergency and an imperative public necessity that the 5-2 constitutional rule requiring bills to be read on three several 5-3 days in each house be suspended, and this rule is hereby suspended.