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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of state water; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.031, Water Code, is amended by |
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amending Subsections (b) and (d) and adding Subsections (b-1) and |
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(g) to read as follows: |
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(b) A person who fails to file an annual report with the |
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commission as required by Subsection (a) or fails to timely comply |
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with a request by the commission to make information available |
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under Subsection (d) [this section] is liable for [to] a penalty [of
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$25, plus $1 per day] for each day the person fails to file the |
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statement or comply with the request after the applicable deadline |
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in an amount not to exceed: |
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(1) $100 per day if the person is the holder of a water |
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right authorizing the appropriation of 5,000 acre-feet or less per |
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year; or |
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(2) $500 per day if the person is the holder of a water |
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right authorizing the appropriation of more than 5,000 acre-feet |
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per year [he fails to file the statement after March 1. However,
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the maximum penalty under this section is $150]. |
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(b-1) The state may sue to recover a [the] penalty under |
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Subsection (b). |
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(d) Each person who has a water right issued by the |
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commission or who impounds, diverts, or otherwise uses state water |
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shall maintain water use information required under Subsection (a) |
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on a monthly basis during the months a water rights holder uses |
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permitted water. The person shall make the information available |
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to the commission on the commission's request. The executive |
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director shall establish a reasonable deadline by which a person |
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must make available information requested by the commission under |
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this subsection. |
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(g) The commission shall establish a process by which a |
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report required under Subsection (a) may be submitted |
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electronically through the Internet. |
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SECTION 2. Section 11.173(b), Water Code, is amended to |
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read as follows: |
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(b) A permit, certified filing, or certificate of |
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adjudication or a portion of a permit, certified filing, or |
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certificate of adjudication is exempt from cancellation under |
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Subsection (a): |
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(1) to the extent of the owner's participation in the |
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Conservation Reserve Program authorized by the Food Security Act, |
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Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 |
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(1985) or a similar governmental program; |
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(2) if a significant portion of the water authorized |
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to be used pursuant to a permit, certified filing, or certificate of |
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adjudication has been used in accordance with a specific |
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recommendation for meeting a water need included in the regional |
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water plan approved pursuant to Section 16.053; |
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(3) if the permit, certified filing, or certificate of |
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adjudication: |
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(A) was obtained to meet demonstrated long-term |
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public water supply or electric generation needs as evidenced by a |
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water management plan developed by the holder; and |
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(B) is consistent with projections of future |
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water needs contained in the state water plan; |
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(4) if the permit, certified filing, or certificate of |
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adjudication was obtained as the result of the construction of a |
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reservoir funded, in whole or in part, by the holder of the permit, |
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certified filing, or certificate of adjudication as part of the |
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holder's long-term water planning; or |
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(5) to the extent the nonuse resulted from: |
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(A) the implementation of water conservation |
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measures under a water conservation plan submitted by the holder of |
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the permit, certified filing, or certificate of adjudication as |
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evidenced by implementation reports submitted by the holder; |
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(B) a suspension, adjustment, or other |
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restriction on the use of the water authorized to be appropriated |
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under the permit, certified filing, or certificate of adjudication |
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imposed under an order issued by the executive director; or |
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(C) an inability to appropriate the water |
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authorized to be appropriated under the permit, certified filing, |
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or certificate of adjudication due to drought conditions. |
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SECTION 3. Section 11.031, Water Code, as amended by this |
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Act, applies only to a report due or a request for information made |
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on or after the effective date of this Act. A report due or request |
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made before that date is governed by the law in effect on the date |
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the report is due or the request is made, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |
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