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A BILL TO BE ENTITLED
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AN ACT
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relating to the use and management of surface water resources. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.002, Water Code, is amended by |
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amending Subdivision (1) and adding Subdivision (7) to read as |
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follows: |
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(1) "Commission" means the Texas [Natural Resource
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Conservation] Commission on Environmental Quality. |
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(7) "Developed water" means: |
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(A) groundwater that is in a watercourse or |
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stream, that would not be in the watercourse or stream but for the |
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efforts of the developer, and that is intended for subsequent |
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diversion and use by the developer; |
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(B) surface water obtained through an approved |
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interbasin transfer of water that is in a watercourse or stream, |
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that would not be in the watercourse or stream but for the efforts |
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of the developer, and that is intended for subsequent diversion and |
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use by the developer; |
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(C) waters imported from another state; and |
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(D) waters originating in the bays or arms of the |
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Gulf of Mexico. |
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SECTION 2. Subsection (e), Section 11.023, Water Code, is |
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amended to read as follows: |
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(e) The amount of water appropriated for each purpose |
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mentioned in this section shall be specifically appropriated, |
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stored, or diverted for that purpose, subject to the preferences |
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prescribed in Section 11.024 of this code. The commission may |
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authorize appropriation of a single amount or volume of water for |
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more than one purpose of use. In the event that a single amount or |
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volume of water is appropriated for more than one purpose of use, |
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the total amount of water actually diverted for all of the |
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authorized purposes may not exceed the total amount of water |
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appropriated. |
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SECTION 3. Subsection (b), Section 11.042, Water Code, is |
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amended to read as follows: |
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(b) A person who wishes to discharge and then subsequently |
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divert and reuse the person's existing return flows derived from |
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developed water [privately owned groundwater] must obtain prior |
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authorization from the commission for the diversion and the reuse |
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of these return flows. The authorization may allow for the |
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diversion and reuse by the discharger of existing return flows, |
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less carriage losses, and shall be subject to special conditions if |
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necessary to protect an existing water right that was granted based |
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on the use or availability of these return flows. Special |
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conditions may also be provided to help maintain instream uses and |
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freshwater inflows to bays and estuaries. A person wishing to |
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divert and reuse future increases of return flows derived from |
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developed water [privately owned groundwater] must obtain |
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authorization to reuse increases in return flows before the |
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increase. |
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SECTION 4. Subsection (c), Section 11.126, Water Code, is |
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amended to read as follows: |
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(c) If the application proposes construction of a dam |
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greater than six feet in height measured from the channel invert |
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elevation to the top of the dam either for diversion or storage, the |
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executive director may also require filing a copy of all plans and |
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specifications and a copy of the engineer's field notes of any |
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survey of the lake or reservoir. No work on the project shall |
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proceed until approval of the plans is obtained from the executive |
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director. |
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SECTION 5. This Act takes effect September 1, 2009. |