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79R1314 RMB-F


By:  Puente                                                       H.B. No. 1225



A BILL TO BE ENTITLED

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.