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A BILL TO BE ENTITLED
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AN ACT
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relati |
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ng 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" means land that can no longer be used |
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for agricultural purposes due to: |
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(B) actual construction upon and physical |
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alteration of historically irrigated land caused by 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; or |
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(B) rezoning by an appropriate authority such |
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that it can no longer be used for agricultural purposes and the |
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owner of the land no longer seeks to designate the land as |
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agricultural use in accordance with Chapter 23, Subchapter C of the |
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Tax Code. |
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(2) "Historically irrigated land" means the lands |
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irrigated during the historical period, as described by Section |
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1.16, that provided the basis for the issuance of an initial regular |
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permit for irrigation use and is identified as the place of use in |
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the initial 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 if at least 75 percent of the historically irrigated is |
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developed. Water rights used for irrigation tied to portions of |
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land that cannot be developed due to location within a floodplain or |
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are impractical to develop due to shape or topography may be |
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included in the proportion of land considered developed. Water |
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rights for use in irrigation severed under this subsection may |
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change in use, so long as at least 25 percent of the use remains in |
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the same county as the original use and consistent with authority |
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rules. Rules adopted to implement this subsection may not expand |
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the type of land 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. 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. |