By Turner of Coleman H.B. No. 2903 74R723 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to water rights of the Springhills Water Management 1-3 District. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 654, Acts of the 71st Legislature, 1-6 Regular Session, 1989, is amended by adding Section 11A to read as 1-7 follows: 1-8 Sec. 11A. WATER RIGHTS. (a) The Texas Natural Resource 1-9 Conservation Commission shall issue one or more permits authorizing 1-10 the district to appropriate and apply to any beneficial use any 1-11 unappropriated water in the Medina River watershed that becomes 1-12 available for appropriation until the amount authorized by permit 1-13 equals 5,000 acre-feet each year. The permit must authorize the 1-14 district to transfer water out of the watershed for use at any 1-15 place in the district regardless of the water's place of origin. 1-16 The district is not required to comply with the application 1-17 procedures provided by Subchapter D, Chapter 11, Water Code, to 1-18 acquire the permit. 1-19 (b) In determining whether water is available for 1-20 appropriation, the commission shall assume that the district will 1-21 put the water to a totally consumptive use so that no return flow 1-22 of the water to the watershed will occur. 1-23 (c) Before issuing a proposed permit to the district, the 1-24 commission shall notify all persons who the commission considers 2-1 may be affected by the permit, including each claimant or 2-2 appropriator of water from the watershed and each navigation 2-3 district within the Medina River basin. The notice must indicate 2-4 the amount of water proposed to be permitted and any additional 2-5 information the commission considers necessary. 2-6 (d) On the request of a commissioner, the executive 2-7 director, or any affected person made before the 15th day after the 2-8 notice is given, the commission shall order a public hearing on the 2-9 issuance of the permit and its potential impairment of water rights 2-10 to be held before the permit is issued. 2-11 (e) After considering evidence at the hearing, the 2-12 commission may: 2-13 (1) determine that water is not available for the 2-14 permit; 2-15 (2) adjust the amount of the proposed permit to ensure 2-16 no other water right is impaired; or 2-17 (3) issue the permit as proposed, if it will not 2-18 impair another water right. The commission shall issue the permit 2-19 if no request for a hearing is made. 2-20 (f) The district shall pay all applicable fees under Section 2-21 5.235, Water Code, associated with the use of water appropriated 2-22 under this section, except the district is not required to pay a 2-23 filing fee or cost of notice ordinarily required with an 2-24 application for a permit under that section. The district shall 2-25 pay all watermaster fees associated with the use of water 2-26 appropriated under this section. 2-27 (g) Any water right acquired by the district under this 3-1 section may not be canceled, in whole or in part, under Subchapter 3-2 E, Chapter 11, Water Code. 3-3 SECTION 2. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended, 3-8 and that this Act take effect and be in force from and after its 3-9 passage, and it is so enacted.