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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that the Texas Commission on |
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Environmental Quality provide an expedited procedure for acting on |
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certain applications for an amendment to a water right by certain |
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applicants that use desalinated seawater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.122, Water Code, is amended by adding |
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Subsections (b-1) and (b-2) to read as follows: |
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(b-1) A holder of a water right that begins using |
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desalinated seawater after acquiring the water right has a right to |
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expedited consideration of an application for an amendment to the |
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water right if the amendment: |
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(1) authorizes the applicant to divert water from a |
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diversion point that is different from or in addition to the point |
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or points from which the applicant was authorized to divert water |
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before the requested amendment; |
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(2) authorizes the applicant to divert from the |
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different or additional diversion point an amount of water that is |
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equal to or less than the amount of desalinated seawater used by the |
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applicant; |
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(3) authorizes the applicant to divert from all of the |
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diversion points authorized by the water right an amount of water |
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that is equal to or less than the amount of water the applicant was |
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authorized to divert under the water right before the requested |
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amendment; |
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(4) authorizes the applicant to divert water from all |
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of the diversion points authorized by the water right at a combined |
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rate that is equal to or less than the combined rate at which the |
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applicant was authorized to divert water under the water right |
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before the requested amendment; and |
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(5) does not authorize the water diverted from the |
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different or additional diversion point to be transferred to |
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another river basin. |
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(b-2) The executive director or the commission shall |
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prioritize the technical review of an application that is subject |
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to Subsection (b-1) over the technical review of applications that |
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are not subject to that subsection. |
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SECTION 2. Section 2003.047, Government Code, is amended by |
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amending Subsection (e-3) and adding Subsection (e-6) to read as |
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follows: |
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(e-3) The deadline specified by Subsection (e-2) or (e-6), |
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as applicable, may be extended: |
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(1) by agreement of the parties with the approval of |
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the administrative law judge; or |
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(2) by the administrative law judge if the judge |
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determines that failure to extend the deadline would unduly deprive |
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a party of due process or another constitutional right. |
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(e-6) For a matter pertaining to an application described by |
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Section 11.122(b-1), Water Code, the administrative law judge must |
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complete the proceeding and provide a proposal for decision to the |
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commission not later than the 270th day after the date the matter |
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was referred to the office. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for an amendment to a water right that is filed with |
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the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. An application filed with the |
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commission before the effective date of this Act is governed by the |
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law as it existed immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |