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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for interbasin water transfers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.085(b), (g), (j), (l), and (u), |
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Water Code, are amended to read as follows: |
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(b) The application must include: |
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(1) the contract price or cost per unit of the water to |
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be transferred; |
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(2) a statement of each general category of proposed |
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use of the water to be transferred and a detailed description of the |
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proposed uses and users under each category; |
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(3) the cost of diverting, conveying, distributing, |
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and supplying the water to, and treating the water for, the proposed |
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users; and |
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(4) the projected effect on user rates and fees for |
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each class of customers of the applicant [ratepayers]. |
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(g) The applicant shall cause the notice of application for |
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an interbasin transfer to be published once [a week for two
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consecutive weeks] in one or more newspapers having general |
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circulation in each county located in whole or in part in the basin |
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of origin [or the receiving basin. The published notice may not be
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smaller than 96.8 square centimeters or 15 square inches with the
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shortest dimension at least 7.6 centimeters or three inches]. The |
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notice of application and public meetings shall be combined in the |
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mailed and published notices. |
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(j) In addition to other requirements of this code relating |
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to the review of and action on an application for a new water right |
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or amended permit, certified filing, or certificate of |
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adjudication, the commission may [shall]: |
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(1) request review and comment on an application for |
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an interbasin transfer from each county judge of a county located in |
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whole or in part in the basin of origin. A county judge should make |
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comment only after seeking advice from the county commissioners |
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court; and |
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(2) give consideration to the comments of each county |
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judge of a county located in whole or in part in the basin of origin |
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prior to taking action on an application for an interbasin |
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transfer. |
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(l) The commission may grant, in whole or in part, an |
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application for an interbasin transfer only to the extent that: |
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(1) the detriments to the basin of origin during the |
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proposed transfer period are less than the benefits to the |
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receiving basin during the proposed transfer period; and |
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(2) in accordance with Sections 11.1271 and 11.1272 |
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and commission rules, the applicant for the interbasin transfer has |
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prepared a drought contingency plan and has developed and |
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implemented a water conservation plan [that will result in the
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highest practicable levels of water conservation and efficiency
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achievable within the jurisdiction of the applicant]. |
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(u) An appropriator of water for municipal purposes in the |
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basin of origin may, at the appropriator's option, be a party in any |
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hearings under this section if the appropriator is a person who may |
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be affected by the proposed transfer. |
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SECTION 2. Section 11.085, Water Code, as amended by this |
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Act, applies only to an application for a new water right or an |
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amendment to a permit, certified filing, or certificate of |
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adjudication authorizing an interbasin transfer filed on or after |
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the effective date of this Act. An application filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the application is filed, and the former law remains in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |