Amend ]SB 289 as follows: (1) Strike SECTION 1 of the bill on page 1, beginning on line 5 of the enrolled version and substitute the following: SECTION 1. Section 11.329, Water Code, is amended by adding Subsection (g) to read as follows: (g) The commission may not assess costs under this section against a holder of a non-priority hydroelectric right that owns or operates privately-owned facilities that collectively have a capacity of less than two megawatts. This subsection is not intended to affect in any way the fees assessed on a water right holder by the commission under Chapter 626 1.29(d), Acts of the 73rd Legislature, Regular Session, 1993. For purposes of Chapter 626 1.29(d), Acts of the 73rd Legislature, Regular Session, 1993, a holder of a non-priority hydroelectric right that owns or operates privately-owned facilities that collectively have a capacity of less than two megawatts shall be assessed fees at the same rate per acre-foot charged to a holder of a non-priority hydroelectric right that owns or operates privately-owned facilities that collectively have a capacity of more than two megawatts.