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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of a water right amendment filed with the Texas |
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Commission on Environmental Quality regarding a change in purpose |
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of use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.122, Water Code, is amended by adding |
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section 11.122(b-4) as follows: |
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Sec. 11.122. AMENDMENTS TO WATER RIGHTS REQUIRED. (a) All |
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holders of permits, certified filings, and certificates of |
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adjudication issued under Section 11.323 of this code shall obtain |
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from the commission authority to change the place of use, purpose of |
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use, point of diversion, rate of diversion, acreage to be |
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irrigated, or otherwise alter a water right. Without obtaining an |
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amendment, the holder of a permit, certified filing, or certificate |
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of adjudication that includes industrial or irrigation use may use |
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or supply water for an agricultural use that was classified as |
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industrial or irrigation before September 1, 2001. |
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(b) Subject to meeting all other applicable requirements of |
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this chapter for the approval of an application, an amendment, |
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except an amendment to a water right that increases the amount of |
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water authorized to be diverted or the authorized rate of |
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diversion, shall be authorized if the requested change will not |
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cause adverse impact on other water right holders or the |
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environment on the stream of greater magnitude than under |
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circumstances in which the permit, certified filing, or certificate |
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of adjudication that is sought to be amended was fully exercised |
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according to its terms and conditions as they existed before the |
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requested amendment. |
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(b-1) A holder of a water right that begins using |
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desalinated seawater after acquiring the water right has a right to |
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expedited consideration of an application for an amendment to the |
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water right if the amendment: |
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(1) authorizes the applicant to divert water from a |
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diversion point that is different from or in addition to the point |
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or points from which the applicant was authorized to divert water |
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before the requested amendment; |
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(2) authorizes the applicant to divert from the |
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different or additional diversion point an amount of water that is |
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equal to or less than the amount of desalinated seawater used by the |
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applicant; |
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(3) authorizes the applicant to divert from all of the |
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diversion points authorized by the water right an amount of water |
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that is equal to or less than the amount of water the applicant was |
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authorized to divert under the water right before the requested |
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amendment; |
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(4) authorizes the applicant to divert water from all |
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of the diversion points authorized by the water right at a combined |
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rate that is equal to or less than the combined rate at which the |
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applicant was authorized to divert water under the water right |
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before the requested amendment; and |
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(5) does not authorize the water diverted from the |
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different or additional diversion point to be transferred to |
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another river basin. |
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(b-2) The executive director or the commission shall |
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prioritize the technical review of an application that is subject |
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to Subsection (b-1) over the technical review of applications that |
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are not subject to that subsection. |
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(b-3) In addition to an application that meets the |
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requirements of Subsection (b) and for which the commission has |
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determined that notice or an opportunity for a contested case |
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hearing is not required under another statute or a commission rule, |
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an application for an amendment to a water right is exempt from any |
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requirements of a statute or commission rule regarding notice and |
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hearing or technical review by the executive director or the |
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commission and may not be referred to the State Office of |
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Administrative Hearings for a contested case hearing if the |
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executive director determines after an administrative review that |
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the application is for an amendment that: |
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(1) adds a purpose of use that does not substantially |
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alter: |
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(A) the nature of the right from a right |
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authorizing only nonconsumptive use to a right authorizing |
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consumptive use; or |
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(B) a pattern of use that is explicitly |
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authorized in or required by the original right; |
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(2) adds a place of use located in the same basin as |
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the place of use authorized by the original right; or |
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(3) changes the point of diversion, provided that: |
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(A) the authorized rate of diversion is not |
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increased; |
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(B) the original point of diversion and the new |
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point of diversion are located in the same contiguous tract of land; |
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(C) the original point of diversion and the new |
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point of diversion are from the same source of supply; |
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(D) there are no points of diversion from the |
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same source of supply associated with other water rights that are |
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located between the original point of diversion and the new point of |
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diversion; |
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(E) there are no streamflow gauges located on the |
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source of supply between the original point of diversion and the new |
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point of diversion that are referenced in the original water right |
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or in another water right authorizing a diversion from the same |
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source of supply; and |
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(F) there are no tributary watercourses that |
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enter the watercourse that is the source of supply located between |
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the original point of diversion and the new point of diversion. |
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(b-4) An application for an amendment to a water right to |
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change the purpose of use from a consumptive use for power |
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generation to any other consumptive use shall provide public notice |
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of the application in the county where the water right is located, |
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in accordance with commission rules. |
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SECTION 2. The change in law made by this Act to Section |
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11.122, Water Code, applies only to an application filed with the |
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Texas Commission on Environmental Quality on or after the effective |
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day of this Act. |
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SECTION 3. The Texas Commission on Environmental Quality |
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shall adopt rules necessary to implement the change in law made by |
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this Act as soon as practicable after the effective date of this |
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Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |