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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency orders concerning water rights issued by the |
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Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.053, Water Code, is amended to read as |
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follows: |
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Sec. 11.053. EMERGENCY ORDER CONCERNING WATER RIGHTS. (a) |
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For the purposes of this section: |
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(1) "Drought" means a period classified as a "severe |
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drought" or "D2" by the National Drought Mitigation Center in |
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accordance with the center's Drought Severity Classification |
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scheme. |
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(2) "Emergency shortage of water" means a condition |
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under which a senior water right holder is unable to obtain surface |
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water when there is: |
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(A) an emergency period that poses a hazard to |
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public health or safety; or |
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(B) a condition affecting hydraulic systems that |
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impairs or interferes with conveyance or delivery of water for |
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authorized users. |
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(b) During a period of drought or when there is an [other] |
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emergency shortage of water, [as defined by commission rule,] the |
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executive director by order may, in accordance with the priority of |
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water rights 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. |
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(c) During a period of drought, the executive director may |
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not issue an order under this section unless the commission has |
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determined that each county in the basin of the river that would be |
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subject to the order has been in a drought for at least 30 |
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consecutive days before the date the order is issued. If the period |
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of suspension or adjustment in the order is longer than six months, |
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the commission shall review the determination made for the order at |
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least once every six months to determine whether the drought in the |
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river basin is still severe. |
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(d) When there is an emergency shortage of water, the |
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executive director may not issue an order under this section unless |
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each senior water right holder that would benefit from the order |
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demonstrates to the executive director that the holder: |
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(1) has used reasonable intelligence and reasonable |
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diligence to conserve water; |
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(2) requires surface water for a beneficial use; and |
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(3) is unable to obtain sufficient surface water for |
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the beneficial use using the right. |
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(e)[(b)] The executive director in ordering a suspension or |
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adjustment under this section shall ensure that an action taken: |
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(1) maximizes the beneficial use of water; |
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(2) minimizes the impact on water rights holders; |
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(3) prevents the waste of water; |
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(4) takes into consideration the efforts of the |
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affected water rights holders to develop and implement the water |
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conservation plans and drought contingency plans required by this |
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chapter; |
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(5) to the greatest extent practicable, conforms to |
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the order of preferences established by Section 11.024; and |
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(6) does not require the release of water that, at the |
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time the order is issued, is lawfully stored in a reservoir under |
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water rights associated with that reservoir. |
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(f) Except as provided by Subsection (i), the executive |
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director shall notify the water rights holders who may be affected |
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by an order proposed to be issued under this section of the proposed |
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order not later than the 30th day before the date the proposed order |
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takes effect. |
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(g) Not later than the 14th day after the date a person |
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receives the notice, the person may request that the commission |
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hold a hearing to affirm, modify, or set aside the proposed order. |
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(h) If the commission receives a request under Subsection |
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(g), the commission shall hold a hearing on the proposed order |
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before the date the proposed order takes effect. At or following the |
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hearing, but not later than the date the proposed order takes |
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effect, the commission shall affirm, modify, or set aside the |
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proposed order. |
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(i) The executive director may issue an order under this |
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section without first providing notice or a hearing if the order is |
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issued to respond to a sudden and unexpected emergency. The order |
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shall set a time and place for a hearing before the commission to |
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affirm, modify, or set aside the order. The date of the hearing must |
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be as soon as practicable after the date the order is issued, but |
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not later than the 45th day after the date the order is issued. The |
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executive director shall provide notice of the hearing to holders |
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of water rights suspended by the order not later than the 10th day |
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before the date of the hearing. |
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(j)[(c)] The commission shall adopt rules to implement this |
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section, including rules[:
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[(1)
defining a drought or other emergency shortage of
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water for purposes of this section; and
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[(2)] specifying the: |
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(1)[(A)] conditions under which the executive |
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director may issue an order under this section; |
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(2)[(B)] terms of an order issued under this section, |
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including the maximum duration of a temporary suspension or |
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adjustment under this section; and |
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(3)[(C)] procedures for notice of and[,] an |
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opportunity for a hearing on[, and the appeal to the commission of] |
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an order issued under this section. |
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(k) An order suspending a water right or adjusting a |
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diversion by a water right holder issued under this section does not |
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limit the commission's authority to: |
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(1) grant an emergency permit, order, or amendment to |
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an existing permit, certified filing, or certificate of |
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adjudication to a water right holder under Section 11.139; or |
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(2) suspend a permit condition or make water available |
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temporarily under Section 11.148. |
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SECTION 2. This Act takes effect September 1, 2015. |