79R6426 SMH-F

By:  Puente                                                       H.B. No. 2542

relating to the application of the junior priority requirement for a water right authorizing a transfer of water from one river basin in this state to another river basin in this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.085(n), Water Code, is amended to read as follows: (n) If the transfer of water is based on a contractual sale of water, the new water right or amended permit, certified filing, or certificate of adjudication authorizing the transfer shall contain a condition for a term or period not greater than the contract term. A transfer of water based on a contractual sale of water is not subject to Subsection (s) or (t). SECTION 2. The change in law made by this Act applies to a transfer of water based on a contractual sale of water regardless of the date on which the contract was executed. 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.