BILL ANALYSIS
By: Puente
BACKGROUND AND PURPOSE
Current law provides that all waters subject to interbasin transfer are junior in priority to all other waters within an originating basin. This provision may limit the options available to a regional water planning area to solve water supply problems. HB 2541 provides that the interbasin transfer junior rights provision does not apply to interbasin transfers within the same regional planning area.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1 of the bill amends Section 11.085, Water Code by adding a new subsection (w) that states that subsections (s) and (t) (junior rights provisions) do not apply to a proposed transfer between river basins that are wholly or partly within a single regional water planning area designated in accordance with Section 16.053, Water Code (Regional Water Plans).
SECTION 2 of the bill makes application of this Act prospective.
SECTION 3 of the bill provides for immediate effect with a vote of two-thirds of each house, or if the Act does not receive the necessary vote, September 1, 2005.
EFFECTIVE DATE
The bill provides for immediate effect with a vote of two-thirds of each house, or if the Act does not receive the necessary vote, September 1, 2005.