| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a general permit to convey water using the bed and banks |
|
|
of a natural stream channel; authorizing a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 11, Water Code, is amended |
|
|
by adding Section 11.0425 to read as follows: |
|
|
Sec. 11.0425. GENERAL PERMIT TO CONVEY WATER USING NATURAL |
|
|
STREAM CHANNELS. (a) In this section: |
|
|
(1) "Developed water" means groundwater, surface |
|
|
water, desalinated water, or other water that would not naturally |
|
|
be found in the natural stream channel used to convey the water. |
|
|
The term does not include water imported from a source located in |
|
|
the United Mexican States, unless the water is covered by a treaty |
|
|
between the United States of America and the United Mexican States |
|
|
or a related minute order. |
|
|
(2) "Natural stream channel" means the bed and banks |
|
|
of a river, natural stream, or watercourse in this state, including |
|
|
a lake, reservoir, or impoundment located along the river, stream, |
|
|
or watercourse. |
|
|
(b) The commission may issue a general permit to authorize a |
|
|
person to use a natural stream channel to convey developed water for |
|
|
use in this state. |
|
|
(c) A general permit issued under this section: |
|
|
(1) may: |
|
|
(A) include conditions based on the |
|
|
characteristics of different sources of developed water or natural |
|
|
stream channels; and |
|
|
(B) either: |
|
|
(i) provide for commencement of conveyance |
|
|
of developed water through a natural stream channel on the filing of |
|
|
a complete and accurate notice of intent to operate under the |
|
|
general permit; or |
|
|
(ii) specify a period or date following |
|
|
receipt of the complete and accurate notice of intent to operate |
|
|
under the general permit for commencement of conveyance of |
|
|
developed water through a natural stream channel, on the condition |
|
|
that the executive director has not notified the person that the |
|
|
person is not authorized under the general permit before the 61st |
|
|
day after the date the notice of intent is received; |
|
|
(2) may not unduly discriminate between similarly |
|
|
situated sources of developed water or natural stream channels; and |
|
|
(3) must: |
|
|
(A) specify a deadline and required information |
|
|
for submitting a notice of intent to use the permit; and |
|
|
(B) include conditions that: |
|
|
(i) allow for the diversion of only the |
|
|
amount of developed water conveyed by the natural stream channel, |
|
|
less carriage losses due to seepage, evaporation, and transpiration |
|
|
of aquatic or riparian vegetation; |
|
|
(ii) protect existing water rights, |
|
|
including a right under a permit, certified filing, or certificate |
|
|
of adjudication, related to the affected section of the natural |
|
|
stream channel; |
|
|
(iii) prevent unreasonable effects on fish, |
|
|
wildlife, instream beneficial uses, and freshwater inflows to bays |
|
|
and estuaries; |
|
|
(iv) require the development and |
|
|
implementation of an accounting plan to ensure compliance with the |
|
|
permit; |
|
|
(v) prevent significant impact to the |
|
|
quality of water in the natural stream channel used to convey the |
|
|
developed water; |
|
|
(vi) protect existing uses of water; and |
|
|
(vii) promote the efficient use of water. |
|
|
(d) Conditions adopted under Subsection (c)(3)(B)(vi) or |
|
|
(vii) may not allow for the developed water to cause a degradation |
|
|
in the water quality of the affected natural stream channel segment |
|
|
to the extent that the water quality classification of the natural |
|
|
stream channel segment would be lowered. |
|
|
(e) The commission shall publish notice and provide for |
|
|
public comment on a proposed general permit in the manner described |
|
|
by Section 26.040. |
|
|
(f) The commission shall adopt rules to provide for a |
|
|
consolidated permit proceeding for a single applicant for both an |
|
|
authorization under Chapter 26 and the use of a general permit under |
|
|
this section. |
|
|
(g) The commission may issue a general permit under this |
|
|
section for a term not to exceed 30 years. After notice and comment |
|
|
as provided by Section 26.040, a general permit may be amended, |
|
|
revoked, or canceled by the commission or renewed by the commission |
|
|
for an additional term not to exceed 30 years each. A general permit |
|
|
remains in effect until amended, revoked, or canceled by the |
|
|
commission or, unless renewed by the commission, until expired. If |
|
|
the commission proposes to renew an unexpired general permit, that |
|
|
general permit remains in effect until the date on which the |
|
|
commission takes final action on the proposed renewal. |
|
|
(h) The commission, through a renewal or amendment process |
|
|
for a general permit, may add or delete permit requirements or |
|
|
limitations. The commission shall provide a reasonable time to |
|
|
allow a person covered by the general permit to make the changes |
|
|
necessary to comply with the additional requirements. |
|
|
(i) A person intending to convey developed water in a |
|
|
natural stream channel must file written notice to the commission |
|
|
of intent to use a general permit issued under this section, in |
|
|
accordance with the general permit or rules adopted by the |
|
|
commission. |
|
|
(j) The commission, after hearing, shall deny or suspend a |
|
|
person's authority to convey developed water under a general permit |
|
|
if the commission determines that the person's compliance history |
|
|
is classified as unsatisfactory according to commission standards |
|
|
under Sections 5.753 and 5.754 and rules adopted and procedures |
|
|
developed under those sections. A hearing under this subsection is |
|
|
not subject to Chapter 2001, Government Code. |
|
|
(k) Developed water conveyed under a general permit issued |
|
|
under this section is not subject to appropriation. |
|
|
(l) The commission shall include developed water conveyed |
|
|
under a permit issued under this section in the water availability |
|
|
model for the river basin in which the natural stream channel is |
|
|
located as subject to the ownership of the person acting under the |
|
|
permit. |
|
|
(m) The commission may impose a reasonable and necessary fee |
|
|
on a person covered by a general permit. |
|
|
(n) The issuance, amendment, renewal, suspension, |
|
|
revocation, or cancellation of a general permit or of authority to |
|
|
convey developed water under a general permit is not subject to |
|
|
Subchapters C-F, Chapter 2001, Government Code. |
|
|
(o) This section does not grant any person the right to |
|
|
store water in a lake, reservoir, or other impoundment without the |
|
|
permission of the owner of the lake, reservoir, or other |
|
|
impoundment. |
|
|
SECTION 2. Section 11.0425, Water Code, as added by this |
|
|
Act, applies only to a conveyance of water made on or after the |
|
|
effective date of this Act. A conveyance of water made before that |
|
|
date is governed by the law in effect on the date the conveyance was |
|
|
made, and that law is continued in effect for that purpose. |
|
|
SECTION 3. (a) As soon as practicable, the Texas Commission |
|
|
on Environmental Quality shall adopt rules to implement Section |
|
|
11.0425, Water Code, as added by this Act. |
|
|
(b) A person may not convey water as described by Section |
|
|
11.0425, Water Code, as added by this Act, until rules adopted under |
|
|
Subsection (a) of this section take effect. |
|
|
SECTION 4. This Act takes effect September 1, 2015. |