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H.B. No. 1225
AN ACT
relating to the grounds for an exemption from cancellation of a
water right for nonuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.173(b), Water Code, is amended to
read as follows:
(b) A permit, certified filing, or certificate of
adjudication or a portion of a permit, certified filing, or
certificate of adjudication is exempt from cancellation under
Subsection (a):
(1) to the extent of the owner's participation in the
Conservation Reserve Program authorized by the Food Security Act,
Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
or a similar governmental program;
(2) if a significant portion of the water authorized
to be used pursuant to a permit, certified filing, or certificate of
adjudication has been used in accordance with a specific
recommendation for meeting a water need included in the regional
water plan approved pursuant to Section 16.053;
(3) if the permit, certified filing, or certificate of
adjudication:
(A) was obtained to meet demonstrated long-term
public water supply or electric generation needs as evidenced by a
water management plan developed by the holder; and
(B) is consistent with projections of future
water needs contained in the state water plan; [or]
(4) if the permit, certified filing, or certificate of
adjudication was obtained as the result of the construction of a
reservoir funded, in whole or in part, by the holder of the permit,
certified filing, or certificate of adjudication as part of the
holder's long-term water planning; or
(5) to the extent the nonuse resulted from the
implementation of water conservation measures under a water
conservation plan submitted by the holder of the permit, certified
filing, or certificate of adjudication as evidenced by
implementation reports submitted by the holder.
SECTION 2. This Act applies to a cancellation proceeding
that is pending on the effective date of this Act or is initiated on
or after the effective date of this Act.
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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1225 was passed by the House on April
7, 2005, by the following vote: Yeas 147, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1225 on May 23, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1225 on May 29, 2005, by the following vote: Yeas 144,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1225 was passed by the Senate, with
amendments, on May 19, 2005, by the following vote: Yeas 29, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1225 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor