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A BILL TO BE ENTITLED
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AN ACT
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relating to a water right authorizing a transfer of water from one |
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river basin in this state to another river basin in this state. |
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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 a basin to an adjoining |
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basin; |
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[(4)] (5) 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)] (6) 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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SECTION 2. This Act applies only to an application for a |
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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. 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 September 1, 2015. |