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A BILL TO BE ENTITLED
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AN ACT
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relating to the conveyancing or transfer in this state of water |
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imported into this state from a source located outside this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.042(a), Water Code, is amended to |
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read as follows: |
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(a) Under rules prescribed by the commission, a person, |
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association of persons, corporation, water control and improvement |
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district, water improvement district, or irrigation district |
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supplying stored or conserved water under contract as provided in |
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this chapter, including water imported from a source located wholly |
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outside the boundaries of this state, may use the bank and bed of |
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any flowing natural stream in the state to convey the water from the |
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place of storage to the place of use or to the diversion point of the |
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appropriator. |
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SECTION 2. Section 11.085(v), Water Code, is amended to |
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read as follows: |
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(v) The provisions of this section, except Subsection (a), |
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do not apply to: |
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(1) a proposed transfer which in combination with any |
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existing transfers totals less than 3,000 acre-feet of water per |
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annum from the same permit, certified filing, or certificate of |
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adjudication; |
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(2) a request for an emergency transfer of water; |
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(3) a proposed transfer from a basin to its adjoining |
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coastal basin; [or] |
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(4) a proposed transfer from a basin to a county or |
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municipality or the municipality's retail service area that is |
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partially within the basin for use in that part of the county or |
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municipality and the municipality's retail service area not within |
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the basin; or |
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(5) a proposed transfer of water that is: |
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(A) imported from a source located wholly outside |
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the boundaries of this state; |
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(B) for use in this state; and |
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(C) transported by using the bed and banks of any |
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navigable stream located in this state. |
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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, 2009. |