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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the law governing emergency |
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authorizations by the Texas Commission on Environmental Quality for |
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the use of state water to certain emergency orders concerning water |
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rights issued by the executive director of the commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 11.053, Water Code, is |
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amended to read as follows: |
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Sec. 11.053. COMMISSION AUTHORITY TO SUSPEND OR ADJUST |
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[EMERGENCY ORDER CONCERNING] WATER RIGHTS DURING PERIODS OF DROUGHT |
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OR WATER SHORTAGE. |
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SECTION 2. Section 11.053(a), Water Code, is amended to |
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read as follows: |
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(a) During a period of drought or other emergency shortage |
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of water, as defined by commission rule, the executive director by |
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order may, in accordance with the priority of water rights |
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established by Section 11.027: |
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(1) temporarily suspend the right of any person who |
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holds a water right to use the water; and |
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(2) temporarily adjust the diversions of water by |
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water rights holders to address an imminent hazard to the health, |
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safety, or welfare of the public. |
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SECTION 3. The heading to Section 11.139, Water Code, is |
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amended to read as follows: |
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Sec. 11.139. REQUEST TO TRANSFER WATER TEMPORARILY |
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[EMERGENCY AUTHORIZATIONS]. |
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SECTION 4. Section 11.139, Water Code, is amended by |
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amending Subsections (b), (h), and (j) and adding Subsection (m) to |
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read as follows: |
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(b) A person desiring to obtain an emergency authorization |
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to transfer water temporarily under Subsection (h) [this section] |
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shall submit to the commission a sworn application containing the |
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following information: |
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(1) a description of the condition of emergency |
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justifying the granting of the emergency authorization; |
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(2) a statement setting forth facts which support the |
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findings required under this section; |
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(3) an estimate of the dates on which the proposed |
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authorization should begin and end; |
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(4) a description of the action sought and the |
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activity proposed to be allowed, mandated, or prohibited; and |
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(5) any other statements or information required by |
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the commission. |
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(h) The commission may grant an emergency authorization |
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under this section for the temporary transfer and use of all or part |
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of a permit, certified filing, or certificate of adjudication for |
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other than domestic or municipal use to a retail or wholesale water |
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supplier for public health and safety purposes. In addition to the |
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requirements contained in Subsection (b) [of this section], the |
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commission may direct that the applicant will timely pay the |
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amounts for which the applicant may be potentially liable under |
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Subsection (j) [of this section] and to the extent authorized by law |
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will fully indemnify and hold harmless the state, the executive |
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director, and the commission from any and all liability for the |
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authorization sought. The commission may order bond or other |
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surety in a form acceptable to the commission as a condition for |
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such emergency authorization. The commission may not grant an |
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emergency authorization under this section which would cause a |
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violation of a federal regulation. The commission may not grant an |
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emergency authorization under this subsection until a method for |
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calculating and remitting the compensation due under Subsection (j) |
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has been agreed on by the person to be granted an emergency |
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authorization for the temporary transfer and the holder of the |
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water right or the water right holder's agent or lessee from whom |
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the use is to be transferred. |
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(j) The person granted an emergency authorization for a |
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temporary transfer under Subsection (h) [of this section] is liable |
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to the holder of the water right [owner] and the water right |
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holder's [owner's] agent or lessee from whom the use is transferred |
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for the fair market value of the water transferred as well as for |
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any damages caused by the transfer of use. If, within 60 days of the |
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termination of the authorization, the parties do not agree on the |
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amount due, or if full payment is not made, either party may file a |
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complaint with the commission to determine the amount due. The |
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commission may use dispute resolution procedures for a complaint |
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filed under this subsection. After exhausting all administrative |
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remedies under this subsection, an owner from whom the use is |
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transferred may file suit to recover or determine the amount due in |
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a district court in the county where the owner resides or has its |
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headquarters. The prevailing party in a suit filed under this |
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subsection is entitled to recover court costs and reasonable |
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attorney's fees. |
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(m) This section does not apply to a suspension or |
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adjustment ordered by the executive director under Section 11.053. |
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SECTION 5. This Act takes effect September 1, 2013. |