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Amend CSSB 3 (House Committee Printing) by adding the
following appropriately numbered SECTION and renumbering
subsequent SECTIONS appropriately:
SECTION ____. Sections 11.085(b), (g), (j), (l), and (u),
Water Code, are amended to read as follows:
(b) The application must include:
(1) the contract price or cost per unit of the water to
be transferred;
(2) a statement of each general category of proposed use
of the water to be transferred and a detailed description of the
proposed uses and users under each category;
(3) the cost of diverting, conveying, distributing, and
supplying the water to, and treating the water for, the proposed
users; and
(4) the projected effect on user rates and fees for each
class of customers of the applicant [ratepayers].
(g) The applicant shall cause the notice of application for
an interbasin transfer to be published once [a week for two
consecutive weeks] in one or more newspapers having general
circulation in each county located in whole or in part in the basin
of origin [or the receiving basin. The published notice may not be
smaller than 96.8 square centimeters or 15 square inches with the
shortest dimension at least 7.6 centimeters or three inches]. The
notice of application and public meetings shall be combined in the
mailed and published notices.
(j) In addition to other requirements of this code relating
to the review of and action on an application for a new water right
or amended permit, certified filing, or certificate of
adjudication, the commission may [shall] :
(1) request review and comment on an application for an
interbasin transfer from each county judge of a county located in
whole or in part in the basin of origin. A county judge should make
comment only after seeking advice from the county commissioners
court; and
(2) give consideration to the comments of each county
judge of a county located in whole or in part in the basin of origin
prior to taking action on an application for an interbasin
transfer.
(1) The commission may grant, in whole or in part, an
application for an interbasin transfer only to the extent that:
(1) the detriments to the basin of origin during the
proposed transfer period are less than the benefits to the
receiving basin during the proposed transfer period; and
(2) in accordance with Sections 11.1271 and 11.1272 and
commission rules, the applicant for the interbasin transfer has
prepared a drought contingency plan and has developed and
implemented a water conservation plan [that will result in the
highest practicable levels of water conservation and efficiency
achievable within the jurisdiction of the applicant].
(u) An appropriator of water for municipal purposes in the
basin of origin may, at the appropriator's option, be a party in any
hearings under this section if the appropriator is a person who may
be affected by the proposed transfer.