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.