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AN ACT
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relating to water rights placed in the Texas Water Trust and the |
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Texas Water Bank. |
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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 15.703(a), Water Code, is amended to |
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read as follows: |
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(a) The board may take all actions necessary to operate the |
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water bank and to facilitate the transfer of water rights from the |
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water bank for future beneficial use including but not limited to: |
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(1) negotiating a sale price and terms acceptable to |
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the depositor and purchaser; |
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(2) maintaining a registry of water bank deposits and |
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those water users in need of additional supplies; |
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(3) informing water users in need of additional supply |
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of water rights available in the bank; |
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(4) encouraging water right holders to implement water |
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conservation practices and deposit the right to use the conserved |
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water into the bank; |
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(5) establishing requirements for deposit of a water |
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right into the water bank including minimum terms for deposit; |
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(6) purchasing, holding, and transferring water or |
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water rights in its own name; |
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(7) establishing regional water banks; |
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(8) acting as a clearinghouse for water marketing |
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information including water availability, pricing of water |
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transactions, environmental considerations, and potential buyers |
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and sellers of water rights; |
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(9) preparing and publishing a manual on structuring |
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water transactions; |
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(10) accepting and holding donations of water rights |
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to meet conservation needs or environmental needs, including |
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instream flow, water quality, fish and wildlife habitat, or bay and |
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estuary inflow needs; |
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(11) entering into contracts with persons to pay for |
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feasibility studies or the preparation of plans and specifications |
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relating to water conservation efforts or to estimate the amount of |
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water that would be saved through conservation efforts; and |
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(12) other actions to facilitate water transactions. |
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SECTION 3. Section 15.7031(a), Water Code, is amended to |
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read as follows: |
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(a) The Texas Water Trust is established within the water |
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bank to hold water rights dedicated to conservation needs or |
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environmental needs, including instream flow [flows], water |
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quality, fish and wildlife habitat, or bay and estuary inflow needs |
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[inflows]. |
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SECTION 4. 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 5. This Act takes effect September 1, 2025. |
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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. 4530 was passed by the House on May 7, |
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2025, by the following vote: Yeas 109, Nays 27, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4530 on May 28, 2025, by the following vote: Yeas 90, Nays 42, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4530 was passed by the Senate, with |
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amendments, on May 26, 2025, by the following vote: Yeas 31, Nays |
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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 |