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A BILL TO BE ENTITLED
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AN ACT
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relating to the priority applicable to certain interbasin transfers |
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of water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.085(s), Water Code, is amended to |
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read as follows: |
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(s) Any proposed transfer of all or a portion of a water |
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right under this section is junior in priority to water rights |
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granted before the time application for transfer is accepted for |
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filing. This subsection does not apply to a transfer of water |
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between the following entities: |
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(1) a water control and improvement district that: |
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(A) has boundaries that are coextensive with the |
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boundaries of a municipality with a population of more than |
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700,000; and |
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(B) is located in a river basin with a population |
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of more than six million; and |
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(2) a municipality that: |
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(A) has a population of more than 100,000; and |
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(B) is located in the basin of a river that: |
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(i) forms a boundary between this state and |
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another state; and |
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(ii) does not flow into the Gulf of Mexico |
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at a point located in this state. |
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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, 2017. |