By Bernsen S.B. No. 1644
77R5940 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to rights to appropriated water that is returned to a
1-3 watercourse or stream.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.046(c), Water Code, is amended to read
1-6 as follows:
1-7 (c) Except as specifically provided otherwise in the water
1-8 right, water appropriated under a permit, certified filing, or
1-9 certificate of adjudication may, prior to its release into a
1-10 watercourse or stream, be beneficially used and reused by the
1-11 holder of a permit, certified filing, or certificate of
1-12 adjudication for the purposes and locations of use provided in the
1-13 permit, certified filing, or certificate of adjudication. Once
1-14 water has been diverted under a permit, certified filing, or
1-15 certificate of adjudication and then returned to a watercourse or
1-16 stream, however, it is considered surplus water. The surplus water
1-17 is [and therefore] subject to reservation for instream uses or
1-18 beneficial inflows or to appropriation by other holders of permits,
1-19 certified filings, or certificates of adjudication [others] unless
1-20 expressly provided otherwise in:
1-21 (1) the permit, certified filing, or certificate of
1-22 adjudication held by the person who returned the surplus water to
1-23 the watercourse or stream; or
1-24 (2) a bed and banks authorization obtained by the
2-1 person under Section 11.042.
2-2 SECTION 2. This Act takes effect September 1, 2001.