88R778 JAM-F
 
  By: Bowers, et al. H.B. No. 874
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption to the cancellation of a water right for
  nonuse.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.173(b), Water Code, is amended to
  read as follows:
         (b)  A permit, certified filing, or certificate of
  adjudication or a portion of a permit, certified filing, or
  certificate of adjudication is exempt from cancellation under
  Subsection (a):
               (1)  to the extent of the owner's participation in the
  Conservation Reserve Program authorized by the Food Security Act,
  Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
  or a similar governmental program;
               (2)  if a significant portion of the water authorized
  to be used pursuant to a permit, certified filing, or certificate of
  adjudication has been used in accordance with a specific
  recommendation for meeting a water need included in the regional
  water plan approved pursuant to Section 16.053;
               (3)  if the permit, certified filing, or certificate of
  adjudication:
                     (A)  was obtained to meet demonstrated long-term
  public water supply or electric generation needs as evidenced by a
  water management plan developed by the holder; and
                     (B)  is consistent with projections of future
  water needs contained in the state water plan;
               (4)  if the permit, certified filing, or certificate of
  adjudication was obtained as the result of the construction of a
  reservoir funded, in whole or in part, by the holder of the permit,
  certified filing, or certificate of adjudication as part of the
  holder's long-term water planning; or
               (5)  to the extent the nonuse resulted from:
                     (A)  the implementation of water conservation
  measures under a water conservation plan submitted by the holder of
  the permit, certified filing, or certificate of adjudication as
  evidenced by implementation reports submitted by the holder;
                     (B)  a suspension, adjustment, or other
  restriction on the use of the water authorized to be appropriated
  under the permit, certified filing, or certificate of adjudication
  imposed under an order issued by the executive director; [or]
                     (C)  an inability to appropriate the water
  authorized to be appropriated under the permit, certified filing,
  or certificate of adjudication due to drought conditions; or
                     (D)  an executed temporary or permanent
  forbearance agreement that:
                           (i)  promotes restoration, preservation, or
  enhancement of instream flows;
                           (ii)  was entered into by the holder of the
  permit, certified filing, or certificate of adjudication; and
                           (iii)  was filed with the commission not
  later than the 180th day after the date the agreement was executed.
         SECTION 2.  This Act takes effect September 1, 2023.