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2005S0500-1  03/08/05


By:  Averitt                                                      S.B. No. 1512


A BILL TO BE ENTITLED

AN ACT

relating to the use and management of surface water resources.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11.002, Water Code, is amended by 
amending Subdivision (1) and adding Subdivision (7) to read as 
follows:
		(1)  "Commission" means the Texas [Natural Resource 
Conservation] Commission on Environmental Quality.
		(7)  "Developed water" means:                                          
			(A)  groundwater that is in a watercourse or 
stream, that would not be in the watercourse or stream but for the 
efforts of the developer, and that is intended for subsequent 
diversion and use by the developer;
			(B)  surface water obtained through an approved 
interbasin transfer of water that is in a watercourse or stream, 
that would not be in the watercourse or stream but for the efforts 
of the developer, and that is intended for subsequent diversion and 
use by the developer;
			(C)  waters imported from another state; and                          
			(D)  waters originating in the bays or arms of the 
Gulf of Mexico.  
	SECTION 2.  Subsection (e), Section 11.023, Water Code, is 
amended to read as follows:
	(e)  The amount of water appropriated for each purpose 
mentioned in this section shall be specifically appropriated, 
stored, or diverted for that purpose, subject to the preferences 
prescribed in Section 11.024 of this code.  The commission may 
authorize appropriation of a single amount or volume of water for 
more than one purpose of use.  In the event that a single amount or 
volume of water is appropriated for more than one purpose of use, 
the total amount of water actually diverted for all of the 
authorized purposes may not exceed the total amount of water 
appropriated.
	SECTION 3.  Subsection (b), Section 11.042, Water Code, is 
amended to read as follows:
	(b)  A person who wishes to discharge and then subsequently 
divert and reuse the person's existing return flows derived from 
developed water [privately owned groundwater] must obtain prior 
authorization from the commission for the diversion and the reuse 
of these return flows.  The authorization may allow for the 
diversion and reuse by the discharger of existing return flows, 
less carriage losses, and shall be subject to special conditions if 
necessary to protect an existing water right that was granted based 
on the use or availability of these return flows.  Special 
conditions may also be provided to help maintain instream uses and 
freshwater inflows to bays and estuaries.  A person wishing to 
divert and reuse future increases of return flows derived from 
developed water [privately owned groundwater] must obtain 
authorization to reuse increases in return flows before the 
increase.
	SECTION 4.  Subsection (c), Section 11.126, Water Code, is 
amended to read as follows:
	(c)  If the application proposes construction of a dam 
greater than six feet in height measured from the channel invert 
elevation to the top of the dam either for diversion or storage, the 
executive director may also require filing a copy of all plans and 
specifications and a copy of the engineer's field notes of any 
survey of the lake or reservoir.  No work on the project shall 
proceed until approval of the plans is obtained from the executive 
director.
	SECTION 5.  This Act takes effect September 1, 2005.