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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) "Developed land" means historically irrigated |
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land that has been physically altered by the installation of |
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utilities or construction of roads, parking lots, driveways, |
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foundations, structures, buildings, stormwater collection systems, |
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public parks, or athletic fields or by similar improvements. |
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(2) "Historically irrigated land" means land |
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irrigated during the historical period, as described by Section |
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1.16 of this Act, that provided the basis for the issuance of an |
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initial regular permit for irrigation use and is identified as the |
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place of use in the initial regular permit. |
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(3) "Land no longer practicable to farm" means |
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historically irrigated land: |
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(A) that has not been irrigated for more than |
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five years; and |
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(B) for which the owner of the land has submitted |
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to the authority documentation demonstrating that because of |
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development on land in close proximity to the historically |
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irrigated land, agricultural activities performed on the land, |
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including crop dusting or other applications of pesticides, have |
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the potential to compromise the health and safety of a farm operator |
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or of persons occupying or residing on property in close proximity |
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to the land. |
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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) Except as otherwise provided by this section, a [(c) A] |
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permit holder may lease permitted water rights, but a holder of a |
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permit for irrigation use may not lease more than 50 percent of the |
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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) Subject to approval by the authority, the owner of |
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historically irrigated land may sever all or a portion of the |
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remaining water rights for the historically irrigated land which |
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has become developed land in the same proportion as the proportion |
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of developed land and undeveloped land or for which the owner of the |
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historically irrigated land has demonstrated that all or a portion |
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of the land is land no longer practicable to farm. Water rights used |
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for irrigation tied to a portion of land that cannot be developed |
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because of its topography or its location in a floodplain may be |
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included in the proportion of land considered developed land. |
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Water rights for use in irrigation severed under this subsection |
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may change in purpose or place of use. Rules adopted to implement |
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this subsection may not expand the type of land considered |
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developed land or land considered land no longer practicable to |
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farm. The approval of a severance under this section is subject to |
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a contested case hearing in accordance with authority rules. |
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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 all or part |
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of the water rights for use in irrigation granted in the initial |
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permit to another person for irrigating land, including land not |
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described in the initial regular permit, located in the authority. |
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Rules adopted under this subsection may allow the holder of an |
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initial regular permit to use the water rights temporarily for |
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irrigation at a location other than the land described in the |
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initial regular permit. |
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SECTION 2. Rules adopted by the Edwards Aquifer Authority |
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before the effective date of this Act relating to the severance of |
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water rights from historically irrigated land and actions taken by |
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the authority under those rules are validated and confirmed in all |
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respects. |
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SECTION 3. 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 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3656 was passed by the House on May 3, |
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2019, by the following vote: Yeas 141, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3656 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |