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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for action on certain applications for an |
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amendment to a water right. |
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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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Subsection (b-1) to read as follows: |
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(b-1) An application for an amendment to a water right is |
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exempt from any requirements of a statute or commission rule |
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regarding notice and hearing or technical review by the executive |
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director or the commission and may not be referred to the State |
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Office of Administrative Hearings for a contested case hearing if |
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the application is for an amendment that: |
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(1) adds a purpose of use that does not alter: |
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(A) the nature of the right from a right |
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authorizing nonconsumptive use to a right authorizing consumptive |
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use; or |
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(B) a pattern of use that is explicitly |
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authorized by the original right; |
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(2) adds a place of use located in the same basin as |
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the place of use authorized by the original right; or |
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(3) changes the point of diversion, provided that: |
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(A) the authorized rate of diversion is not |
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increased; |
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(B) the original point of diversion and the new |
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point of diversion are located in the same contiguous tract of land; |
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(C) the original point of diversion and the new |
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point of diversion are from the same source of supply; |
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(D) there are no points of diversion from the |
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same source of supply associated with other water rights that are |
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located between the original point of diversion and the new point of |
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diversion; and |
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(E) there are no streamflow gauges located on the |
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source of supply between the original point of diversion and the new |
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point of diversion. |
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SECTION 2. This Act applies to an application to amend a |
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water right that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act or |
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is pending as of the effective date of this Act. |
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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. |