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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. Sections 11.085(d), (k), (l), and (v), Water |
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Code, are amended to read as follows: |
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(d) Prior to taking action on an application for an |
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interbasin transfer, the commission shall conduct at least one |
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public meeting to receive comments in both the basin of origin of |
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the water proposed for transfer and the basin receiving water from |
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the proposed transfer. Notice shall be provided under Section |
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11.132 [pursuant to Subsection (g) of this section]. Any person may |
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present relevant information and data at the meeting on the |
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criteria which the commission is to consider related to the |
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interbasin transfer. |
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(k) In addition to other requirements of this code relating |
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to the review of and action on an application for a new water right |
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or amended permit, certified filing, or certificate of |
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adjudication, the commission shall weigh the effects of the |
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proposed transfer by considering: |
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(1) the need for the water in the basin of origin and |
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in the proposed receiving basin based on the period for which the |
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water supply is requested, but not to exceed 50 years; |
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(2) factors identified in the applicable approved |
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regional water plans which address the following: |
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(A) the availability of feasible and practicable |
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alternative supplies in the receiving basin to the water proposed |
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for transfer; |
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(B) the amount and purposes of use in the |
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receiving basin for which water is needed; |
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(C) proposed methods and efforts by the receiving |
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basin to avoid waste and implement water conservation and drought |
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contingency measures; |
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(D) proposed methods and efforts by the receiving |
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basin to put the water proposed for transfer to beneficial use; |
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(E) the projected economic impact that is |
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reasonably expected to occur in each basin as a result of the |
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transfer; and |
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(F) the projected impacts of the proposed |
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transfer that are reasonably expected to occur on existing water |
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rights, instream uses, water quality, aquatic and riparian habitat, |
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and bays and estuaries that must be assessed under Sections 11.147, |
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11.150, and 11.152 [of this code] in each basin. If the water |
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sought to be transferred is currently authorized to be used under an |
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existing permit, certified filing, or certificate of adjudication, |
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such impacts shall only be considered in relation to that portion of |
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the permit, certified filing, or certificate of adjudication |
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proposed for transfer and shall be based on historical uses of the |
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permit, certified filing, or certificate of adjudication for which |
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amendment is sought; |
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(3) [proposed mitigation or compensation, if any, to
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the basin of origin by the applicant;
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[(4)] the continued need to use the water for the |
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purposes authorized under the existing permit, certified filing, or |
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certificate of adjudication, if an amendment to an existing water |
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right is sought; [and] |
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(4) the effect of the proposed transfer of water on |
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promoting the highest efficiency and productivity of water use in |
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this state; and |
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(5) the information required to be submitted by the |
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applicant. |
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(l) The commission may grant, in whole or in part, an |
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application for an interbasin transfer only to the extent that[:
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[(1)
the detriments to the basin of origin during the
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proposed transfer period are less than the benefits to the
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receiving basin during the proposed transfer period, as determined
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by the commission based on consideration of the factors described
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by Subsection (k); and
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[(2)] the applicant for the interbasin transfer has |
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prepared a drought contingency plan and has developed and |
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implemented a water conservation plan that will result in the |
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highest practicable levels of water conservation and efficiency |
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achievable within the jurisdiction of the applicant. |
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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; and |
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(B) for use in this state; |
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(6) a proposed transfer of water resulting from |
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recycled or desalinated water produced in the basin of origin; or |
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(7) a proposed transfer of treated wastewater derived |
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from water that was transferred to the basin of origin of the |
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proposed transfer from the basin to which the effluent is returned |
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[and
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[(C)
transported by using the bed and banks of
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any flowing natural stream located in this state]. |
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SECTION 2. Sections 11.085(b), (c), (f), (g), (h), (i), |
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(j), and (o), Water Code, are repealed. |
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SECTION 3. (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 4. 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. |