By: Murr H.B. No. 3644
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transfer of irrigation water rights allowed by the
  Edwards Aquifer Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.34(c), Chapter 626, Acts of the 73rd
  Legislature, Regular Session, 1993, is amended to read as follows:
         (c)  A permit holder may lease permitted water rights, but a
  holder of a permit for irrigation use may not lease more than 50
  percent of the irrigation rights initially permitted. The user's
  remaining irrigation water rights must be used in accordance with
  the original permit and must pass with transfer of the irrigated
  land. However, the authority by rule may establish a procedure by
  which the holder of a permit for irrigation use, or his or her
  assignor, may change the place or purpose of use of the irrigation
  water right and sell or lease such right in the event circumstances
  arise in which continued agricultural activities on the land are
  substantially impaired.
         SECTION 2.  The change in law made by this Act to Section
  1.34, Chapter 626, Acts of the 73rd Legislature, Regular Session,
  1993, applies only to a transfer, and the contracts or other
  transaction documents of any kind related thereto, including
  documents related to the extension of credit, hereinafter
  collectively referred to as "transfer", effective on or after the
  effective date of this Act. The change in law made by this Act to
  Section 1.34, Chapter 626, Acts of the 73rd Legislature, Regular
  Session, 1993, does not affect the validity of a transfer effective
  before the effective date of this Act. A transfer effective before
  the effective date of this Act is governed by the provisions of
  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
  and the rules of the Edwards Aquifer Authority in effect at the time
  the transfer became effective. Transfers effective before the
  effective date of this Act, that have not been rescinded, and are
  not subject to pending litigation are hereby conclusively validated
  in all respects.
 
         SECTION 3.  This Act takes effect September 1, 2019.