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A BILL TO BE ENTITLED
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AN ACT
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relating to transfer of irrigation water rights allowed by the |
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Edwards Aquifer Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.34(c), Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(c) A permit holder may lease permitted water rights, but a |
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holder of a permit for irrigation use may not lease more than 50 |
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percent of the irrigation rights initially permitted. The user's |
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remaining irrigation water rights must be used in accordance with |
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the original permit and must pass with transfer of the irrigated |
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land. However, the authority by rule may establish a procedure by |
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which the holder of a permit for irrigation use, or his or her |
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assignor, may change the place or purpose of use of the irrigation |
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water right and sell or lease such right in the event circumstances |
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arise in which continued agricultural activities on the land are |
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substantially impaired. |
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SECTION 2. The change in law made by this Act to Section |
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1.34, Chapter 626, Acts of the 73rd Legislature, Regular Session, |
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1993, applies only to a transfer, and the contracts or other |
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transaction documents of any kind related thereto, including |
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documents related to the extension of credit, hereinafter |
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collectively referred to as "transfer", effective on or after the |
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effective date of this Act. The change in law made by this Act to |
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Section 1.34, Chapter 626, Acts of the 73rd Legislature, Regular |
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Session, 1993, does not affect the validity of a transfer effective |
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before the effective date of this Act. A transfer effective before |
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the effective date of this Act is governed by the provisions of |
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Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, |
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and the rules of the Edwards Aquifer Authority in effect at the time |
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the transfer became effective. Transfers effective before the |
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effective date of this Act, that have not been rescinded, and are |
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not subject to pending litigation are hereby conclusively validated |
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in all respects. |
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SECTION 3. This Act takes effect September 1, 2019. |