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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain permitted irrigation water |
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rights related to a certain portion of the Edwards Aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.34, Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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Sec. 1.34. TRANSFER OF RIGHTS. (a) In this section: |
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(1) "Development" means: |
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(A) actual construction on and physical |
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alteration of land caused by the installation of utilities, the |
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construction of roads, parking lots, driveways, foundations, |
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structures, buildings, stormwater collection systems, public |
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parks, athletic fields, or similar improvements, and the rezoning |
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of the land so that it can no longer be used for agricultural |
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purposes; and |
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(B) that: |
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(i) the owner of the land no longer seeks to |
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designate the land as qualified open-space land or for agricultural |
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use in accordance with Subchapters C and D, Chapter 23, Tax Code; |
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and |
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(ii) the chief appraiser in the county in |
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which the land is located has made a determination that a change in |
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land use has occurred under Section 23.46 or 23.55, Tax Code. |
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(2) "Irrigated land" means the lands irrigated during |
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the historical period, as described by Section 1.16, that provided |
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the basis for the issuance of an initial regular permit for |
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irrigation use and identified as the place of use in the initial |
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regular permit. |
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(b) Water withdrawn from the aquifer must be used within the |
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boundaries of the authority. |
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(c) [(b)] The authority by rule may establish a procedure by |
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which a person who installs water conservation equipment may sell |
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the water conserved. |
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(d) [(c)] Except as otherwise provided by this section, a |
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[A] permit holder may lease permitted water rights, but a holder of |
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a permit for irrigation use may not lease more than 50 percent of |
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the irrigation rights initially permitted. The user's remaining |
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irrigation water rights must be used in accordance with the |
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original permit and must pass with transfer of the irrigated land. |
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(e) Except as provided by Subsection (f), the owner of the |
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irrigated land may sever the remaining water rights for use in |
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irrigation in the same proportion as the proportion of developed |
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and undeveloped land. Water rights used for irrigation tied to |
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portions of land that cannot be developed due to location within a |
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floodplain or are impractical to develop due to shape or topography |
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may be included in the proportion of land considered developed. |
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Water rights for use in irrigation severed under this subsection |
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may change in use, so long as the use is in the same county as the |
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original use and consistent with authority rules. Rules adopted to |
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implement this subsection may not expand the type of land |
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considered developed. |
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(f) The authority may adopt rules to provide for a holder of |
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an initial regular permit for use in irrigation to lease the full |
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amount of the water rights for use in irrigation granted in the |
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initial permit to another person for irrigating land located in the |
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authority. |
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SECTION 2. This Act takes effect September 1, 2019. |