By: Staples S.B. No. 1741
A BILL TO BE ENTITLED
relating to an exemption for certain interbasin transfers of water
from certain priority requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.002, Water Code, is amended by adding
Subdivision (15) to read as follows:
(15) "On-channel reservoir" means an open body of
water that is created by a dam or other barrier that obstructs the
flow of water in a stream and whose primary source of water is
runoff from that stream.
SECTION 2. Section 11.085, Water Code, is amended by
amending Subsection (s) and adding Subsections (w) and (x) to read
(s) Except as provided by Subsections (w) and (x), any [
proposed transfer of all or a portion of a water right under this
section is junior in priority to water rights granted before the
time application for transfer is accepted for filing.
(w) A proposed transfer that is based on a contractual sale
of water is not subject to Subsection (s) if:
(1) the contract term is 50 years or less; and
(2) the transfer is from an on-channel reservoir that:
(A) is located in a basin with a water supply that
is equal to or greater than twice the amount determined by the board
to be necessary to supply the reasonably foreseeable water
requirements of the basin of origin for the next 50 years; and
(B) has sufficient storage capacity to yield the
supply authorized by the water right in the event of a drought equal
in severity and duration to the drought of record.
(x) The term of a contract under Subsection (w) may be
extended after the expiration of the contract if:
(1) the conditions in Subsection (w)(2) continue to be
(2) the purchaser under the contract agrees to locate
a source of water to replace the water transferred and to pay the
costs of replacing the water.
SECTION 3. Section 11.085, Water Code, as amended by this
Act, applies only to an application for a water right or an
amendment to a permit, certified filing, or certificate of
adjudication authorizing an interbasin transfer of water that is
accepted for filing on or after the effective date of this Act. An
application for a water right or an amendment to a permit, certified
filing, or certificate of adjudication authorizing an interbasin
transfer of water that is accepted for filing before the effective
date of this Act is governed by the law in effect at the time the
application is accepted for filing, and the former law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.