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A BILL TO BE ENTITLED
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AN ACT
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relating to the dedication and management of water rights placed in |
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the Texas Water Trust. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 12.028(b) and (c), Parks and Wildlife |
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Code, are amended to read as follows: |
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(b) Consistent with Section 11.0235(b), Water Code, and the |
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department's duties and responsibilities, the department shall |
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encourage and facilitate the dedication of surface water rights in |
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the Texas Water Trust through lease, donation, purchase, or other |
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means of voluntary transfer for environmental needs, including for |
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the purpose of maintaining or improving: |
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(1) instream flows; |
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(2) water quality; |
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(3) fish and wildlife habitat; and |
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(4) bay and estuary inflows. |
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(c) The department may manage surface water rights in the |
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Texas Water Trust in a manner that is consistent with: |
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(1) the manner in which a holder of the rights may |
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manage the rights; |
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(2) the dedication of the rights, including the |
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dedication's terms and conditions; |
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(3) Sections 11.0237, 11.027, and 11.122, Water Code; |
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and |
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(4) maximizing environmental benefits. |
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SECTION 2. Section 15.7031, Water Code, is amended by |
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amending Subsections (c) and (e) and adding Subsection (c-1) to |
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read as follows: |
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(c) The dedication of any surface water rights placed in |
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trust must be reviewed and approved by the commission, in |
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consultation with the board and the Parks and Wildlife Department. |
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In addition, the Department of Agriculture may provide input to the |
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commission, as appropriate, during the review and approval process |
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for the dedication of surface water rights. |
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(c-1) The dedication of any groundwater rights placed in |
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trust must be reviewed and approved by the board. The board must |
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provide notice of the dedication to any district or authority that: |
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(1) was created under Section 52, Article III, or |
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Section 59, Article XVI, Texas Constitution; and |
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(2) has the authority to regulate the spacing of or |
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production from water wells located in the aquifer, subdivision of |
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the aquifer, or geologic stratum in which the groundwater that is |
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the subject of the groundwater rights is located. |
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(e) The Parks and Wildlife Department may manage surface |
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water rights in the trust: |
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(1) under a voluntary agreement with a rights holder; |
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and |
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(2) in the manner described by Section 12.028(c), |
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Parks and Wildlife Code. |
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SECTION 3. This Act takes effect September 1, 2025. |