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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for a new or amended water right |
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submitted to the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.002(1) and (3), Water Code, are |
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amended to read as follows: |
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(1) "Commission" means the Texas [Natural Resource
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Conservation] Commission on Environmental Quality. |
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(3) "Executive director" means the executive director |
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of the Texas [Natural Resource Conservation] Commission on |
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Environmental Quality. |
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SECTION 2. Section 11.125(a), Water Code, is amended to |
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read as follows: |
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(a) The application must be accompanied by a map or plat in |
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the form and containing the information prescribed by the |
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commission [drawn on tracing linen on a scale not less than one inch
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equals 2,000 feet]. |
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SECTION 3. Section 11.128, Water Code, is amended to read as |
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follows: |
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Sec. 11.128. PAYMENT OF FEE. The [If the] applicant [is
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not exempted from payment of the filing fee under Section 12.112 of
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this code, he] shall pay the filing fee prescribed by Section 5.701 |
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[5.701(c)] at the time [he files] the application is filed. The |
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commission may [shall] not record, file, or consider the |
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application until the executive director certifies to the |
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commission that the fee is paid. |
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SECTION 4. Section 11.134, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) The commission shall grant the application only if: |
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(1) the application conforms to the requirements |
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prescribed by this chapter and is accompanied by the prescribed |
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fee; |
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(2) unappropriated water is available in the source of |
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supply; |
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(3) the proposed appropriation: |
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(A) is intended for a beneficial use; |
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(B) does not impair existing water rights or |
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vested riparian rights; |
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(C) is not detrimental to the public welfare; |
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(D) considers any applicable environmental flow |
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standards established under Section 11.1471 and, if applicable, the |
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assessments performed under Sections 11.147(d) and (e) and Sections |
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11.150, 11.151, and 11.152; and |
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(E) addresses a water supply need in a manner |
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that is not inconsistent [consistent] with the state water plan and |
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the relevant approved regional water plan for any area in which the |
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proposed appropriation is located, unless the commission |
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determines that conditions warrant waiver of this requirement; and |
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(4) the applicant has provided evidence that |
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reasonable diligence will be used to avoid waste and achieve water |
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conservation as defined by Section 11.002(8)(B). |
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(b-1) In determining whether an appropriation is |
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detrimental to the public welfare under Subsection (b)(3)(C), the |
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commission may consider only the factors that are within the |
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jurisdiction and expertise of the commission as established by this |
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chapter. |
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SECTION 5. Sections 11.125(b) and (c), Water Code, are |
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repealed. |
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SECTION 6. The changes in law made by this Act apply only to |
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an application for a new or amended water right received by the |
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Texas Commission on Environmental Quality on or after the effective |
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date of this Act. An application received before the effective date |
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of this Act is governed by the law in effect on the date the |
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application was received, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |