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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for obtaining an interbasin water |
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transfer permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.085(v), Water Code, is amended to |
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read as follows: |
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(v) The provisions of this section, except Subsection (a), |
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do not apply to: |
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(1) a proposed transfer which in combination with any |
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existing transfers totals less than 3,000 acre-feet of water per |
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annum from the same permit, certified filing, or certificate of |
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adjudication; |
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(2) a request for an emergency transfer of water; |
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(3) a proposed transfer from a basin to its adjoining |
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coastal basin; |
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(4) a proposed transfer from the part of the |
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geographic area of a county or municipality, or the part of the |
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retail service area of a retail public utility as defined by Section |
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13.002, that is within the basin of origin for use in that part of |
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the geographic area of the county or municipality, or that |
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contiguous part of the retail service area of the utility, not |
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within the basin of origin; [or] |
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(5) a proposed transfer of water that is: |
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(A) imported from a source located wholly outside |
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the boundaries of this state, except water that is imported from a |
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source located in the United Mexican States; |
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(B) for use in this state; and |
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(C) transported by using the bed and banks of any |
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flowing natural stream located in this state; |
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(6) a proposed transfer of water based on a |
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substitution or exchange of an equal or greater quantity of |
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reclaimed or desalinated water that is first made available in the |
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basin of origin on or after September 1, 2015, provided that the |
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proposed transfer would not result in a net loss of water supply |
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available for use in the basin of origin; or |
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(7) a proposed return of reclaimed water or return |
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flow from the basin of discharge to the basin of origin. |
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SECTION 2. (a) This Act applies only to an application for |
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a water right or an amendment to a permit, certified filing, or |
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certificate of adjudication authorizing an interbasin transfer of |
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water that is accepted for filing on or after the effective date of |
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this Act. |
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(b) An application for a water right or an amendment to a |
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permit, certified filing, or certificate of adjudication |
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authorizing an interbasin transfer of water that is accepted for |
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filing before the effective date of this Act is governed by the law |
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in effect at the time the application is accepted for filing, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |