By: Armbrister S.B. No. 1374
(In the Senate - Filed March 13, 2003; March 19, 2003, read
first time and referred to Committee on Natural Resources;
April 29, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 0, 1 present not
voting; April 29, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1374 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to public waters and provision for environmental flows by
the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Water Code, is amended
by adding Sections 11.0235, 11.0236, and 11.0237 to read as
follows:
Sec. 11.0235. POLICY REGARDING WATERS OF THE STATE.
(a) The waters of the state are held in trust for the public, and
the right to use state water may be appropriated only as expressly
authorized by law.
(b) Maintaining the biological soundness of the state's
rivers, lakes, bays, and estuaries is of great importance to the
public's economic health and general well-being.
(c) The legislature has expressly required the commission
while balancing all other interests to consider and provide for the
freshwater inflows necessary to maintain the viability of the
state's bay and estuary systems in the commission's regular
granting of permits for the use of state waters.
(d) The legislature has not expressly authorized granting
water rights exclusively for:
(1) instream flows dedicated to environmental needs or
inflows to the state's bay and estuary systems; or
(2) other similar beneficial uses.
(e) The fact that greater pressures and demands are being
placed on the water resources of the state makes it of paramount
importance to reexamine the process for ensuring that these
important priorities are effectively addressed in clear
delegations of authority to the commission.
(f) This section expires September 1, 2005.
Sec. 11.0236. STUDY COMMISSION ON WATER FOR ENVIRONMENTAL
FLOWS. (a) In recognition of the importance that the ecological
soundness of our riverine, bay, and estuary systems and riparian
lands has on the economy, health, and well-being of the state there
is created the Study Commission on Water for Environmental Flows.
(b) The study commission is composed of 15 members as
follows:
(1) two members appointed by the governor;
(2) five members appointed by the lieutenant governor;
(3) five members appointed by the speaker of the house
of representatives;
(4) the presiding officer of the commission or the
presiding officer's designee;
(5) the chairman of the board or the chairman's
designee; and
(6) the presiding officer of the Parks and Wildlife
Commission or the presiding officer's designee.
(c) Of the members appointed under Subsection (b)(2):
(1) one member must represent a river authority or
municipal water supply agency or authority;
(2) one member must represent an entity that is
distinguished by its efforts in resource protection; and
(3) three members must be members of the senate.
(d) Of the members appointed under Subsection (b)(3):
(1) one member must represent a river authority or
municipal water supply agency or authority;
(2) one member must represent an entity that is
distinguished by its efforts in resource protection; and
(3) three members must be members of the house of
representatives.
(e) Each appointed member of the study commission serves at
the will of the person who appointed the member.
(f) The appointed senator with the most seniority serves as
presiding officer of the study commission.
(g) A member of the study commission is not entitled to
receive compensation for service on the study commission but is
entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the study commission, as
provided by the General Appropriations Act.
(h) The study commission may accept gifts and grants from
any source to be used to carry out a function of the study
commission.
(i) The commission shall provide staff support for the study
commission.
(j) The study commission shall conduct public hearings and
study public policy implications for balancing the demands on the
water resources of the state resulting from a growing population
with the requirements of the riverine, bay, and estuary systems
including granting permits for instream flows dedicated to
environmental needs or bay and estuary inflows, use of the Texas
Water Trust, and any other issues that the commission determines
have importance and relevance to the protection of environmental
flows. In evaluating the options for providing adequate
environmental flows, the study commission shall take notice of the
strong public policy imperative that exists in this state
recognizing that environmental flows are important to the
biological health of our parks, game preserves, and bay and estuary
systems and are high priorities in the permitting process. The
study commission shall specifically address ways that the
ecological soundness of these systems will be ensured in the water
allocation process.
(k) The study commission:
(1) shall appoint an advisory scientific committee
that will:
(A) serve as impartial scientific advisors and
reviewers for the study commission; and
(B) have a membership of no fewer than five and no
more than nine total members chosen by the study commission to
represent a variety of areas of relevant technical expertise;
(2) may appoint additional advisory committees to
assist the study commission; and
(3) may draft proposed legislation to modify existing
water-rights permitting statutes.
(l) Not later than December 1, 2004, the study commission
shall issue a report summarizing:
(1) any hearings conducted by the study commission;
(2) any studies conducted by the study commission;
(3) any legislation proposed by the study commission;
and
(4) any other findings and recommendations of the
study commission.
(m) The study commission shall promptly deliver copies of
the report to the governor, lieutenant governor, and speaker of the
house of representatives.
(n) The study commission shall adopt rules to administer
this section.
(o) The study commission is abolished and this section
expires September 1, 2005.
Sec. 11.0237. WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO
ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. (a) The
commission may not grant an application filed after January 1,
2000, to issue a new permit for instream flows dedicated to
environmental needs or bay and estuary inflows. This section does
not prohibit the commission from issuing an amendment to an
existing permit or certificate of adjudication to change the use to
or add a use for instream flows dedicated to environmental needs or
bay and estuary inflows. This section does not apply to any permit
granted before the effective date of this section.
(b) This section does not alter the commission's
obligations under Section 11.042(b), 11.046(b), 11.085(k)(2)(F),
11.134(b)(3)(D), 11.147, 11.1491, 16.058, or 16.059.
(c) This section expires September 1, 2005.
SECTION 2. Subsections (d) and (e), Section 11.147, Water
Code, are amended to read as follows:
(d) In its consideration of an application to store, take,
or divert water, the commission shall include in the permit, to the
extent practicable when considering all public interests, those
conditions considered by the commission necessary to maintain
[consider the effect, if any, of the issuance of the permit on]
existing instream uses and water quality of the stream or river to
which the application applies.
(e) The commission shall include in the permit, to the
extent practicable when considering all public interests, those
conditions considered by the commission necessary to maintain [also
consider the effect, if any, of the issuance of the permit on] fish
and wildlife habitats.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
* * * * *