| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the definition of "drought" for the purposes of |
|
|
emergency orders concerning water rights issued by the executive |
|
|
director of the Texas Commission on Environmental Quality. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 11.053, Water Code, is amended by |
|
|
amending Subsections (a) and (c) and adding Subsection (c-1) to |
|
|
read as follows: |
|
|
(a) During a period of drought or other emergency shortage |
|
|
of water, [as defined by commission rule,] the executive director |
|
|
by order may, in accordance with the priority of water rights |
|
|
established by Section 11.027: |
|
|
(1) temporarily suspend the right of any person who |
|
|
holds a water right to use the water; and |
|
|
(2) temporarily adjust the diversions of water by |
|
|
water rights holders. |
|
|
(c) The commission shall adopt rules to implement this |
|
|
section, including rules: |
|
|
(1) defining an [a drought or other] emergency |
|
|
shortage of water for purposes of this section; and |
|
|
(2) specifying the: |
|
|
(A) conditions under which the executive |
|
|
director may issue an order under this section; |
|
|
(B) terms of an order issued under this section, |
|
|
including the maximum duration of a temporary suspension or |
|
|
adjustment under this section; and |
|
|
(C) procedures for notice of, an opportunity for |
|
|
a hearing on, and the appeal to the commission of an order issued |
|
|
under this section. |
|
|
(c-1) For the purposes of this section, "drought" means a |
|
|
drought classified as "exceptional" or "D4" by the National Drought |
|
|
Mitigation Center in accordance with the center's Drought Severity |
|
|
Classification scheme. |
|
|
SECTION 2. This Act takes effect September 1, 2013. |