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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of "surface waters" for purposes of the |
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prohibition on diverting or impounding the natural flow of surface |
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waters in a manner that damages the property of another by the |
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overflow of the water diverted or impounded. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.086(a), Water Code, is amended to |
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read as follows: |
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(a) No person may divert or impound the natural flow of |
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surface waters in this state, or permit a diversion or impounding by |
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the person [him] to continue, in a manner that damages the property |
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of another by the overflow of the water diverted or impounded. For |
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purposes of this section, "surface waters" include waters that flow |
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on the surface of the earth in a sheet or in a natural or manmade |
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conveyance. |
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SECTION 2. The change in law made by this Act applies to any |
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matter that: |
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(1) arises on or after the effective date of this Act; |
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or |
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(2) is the subject of litigation that is pending on the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |