S.B. No. 1639
AN ACT
relating to regulating the waters of the state, including the
spacing and production of groundwater and the control of instream
flows.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.116, Water Code, is amended by adding
Subsections (d) and (e) to read as follows:
(d) For better management of the groundwater resources
located in a district or if a district determines that conditions in
or use of an aquifer differ substantially from one geographic area
of the district to another, the district may adopt different rules
for:
(1) each aquifer, subdivision of an aquifer, or
geologic strata located in whole or in part within the boundaries of
the district; or
(2) each geographic area overlying an aquifer or
subdivision of an aquifer located in whole or in part within the
boundaries of the district.
(e) In regulating the production of groundwater under
Subsection (a)(2), a district:
(1) shall select a method that is appropriate based on
the hydrogeological conditions of the aquifer or aquifers in the
district; and
(2) may limit the amount of water produced based on
contiguous surface acreage.
SECTION 2. Subchapter B, Chapter 11, Water Code, is amended
by adding Sections 11.0235, 11.0236, and 11.0237 to read as
follows:
Sec. 11.0235. POLICY REGARDING WATERS OF THE STATE.
(a) The waters of the state are held in trust for the public, and
the right to use state water may be appropriated only as expressly
authorized by law.
(b) Maintaining the biological soundness of the state's
rivers, lakes, bays, and estuaries is of great importance to the
public's economic health and general well-being.
(c) The legislature has expressly required the commission
while balancing all other interests to consider and provide for the
freshwater inflows necessary to maintain the viability of the
state's bay and estuary systems in the commission's regular
granting of permits for the use of state waters.
(d) The legislature has not expressly authorized granting
water rights exclusively for:
(1) instream flows dedicated to environmental needs or
inflows to the state's bay and estuary systems; or
(2) other similar beneficial uses.
(e) The fact that greater pressures and demands are being
placed on the water resources of the state makes it of paramount
importance to reexamine the process for ensuring that these
important priorities are effectively addressed in clear
delegations of authority to the commission.
Sec. 11.0236. STUDY COMMISSION ON WATER FOR ENVIRONMENTAL
FLOWS. (a) In recognition of the importance that the ecological
soundness of our riverine, bay, and estuary systems and riparian
lands has on the economy, health, and well-being of the state there
is created the Study Commission on Water for Environmental Flows.
(b) The study commission is composed of 15 members as
follows:
(1) two members appointed by the governor;
(2) five members appointed by the lieutenant governor;
(3) five members appointed by the speaker of the house
of representatives;
(4) the presiding officer of the commission or the
presiding officer's designee;
(5) the chairman of the board or the chairman's
designee; and
(6) the presiding officer of the Parks and Wildlife
Commission or the presiding officer's designee.
(c) Of the members appointed under Subsection (b)(2):
(1) one member must represent a river authority or
municipal water supply agency or authority;
(2) one member must represent an entity that is
distinguished by its efforts in resource protection; and
(3) three members must be members of the senate.
(d) Of the members appointed under Subsection (b)(3):
(1) one member must represent a river authority or
municipal water supply agency or authority;
(2) one member must represent an entity that is
distinguished by its efforts in resource protection; and
(3) three members must be members of the house of
representatives.
(e) Each appointed member of the study commission serves at
the will of the person who appointed the member.
(f) The appointed senator with the most seniority and the
appointed house member with the most seniority serve together as
co-presiding officers of the study commission.
(g) A member of the study commission is not entitled to
receive compensation for service on the study commission but is
entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the study commission, as
provided by the General Appropriations Act.
(h) The study commission may accept gifts and grants from
any source to be used to carry out a function of the study
commission.
(i) The commission shall provide staff support for the study
commission.
(j) The study commission shall conduct public hearings and
study public policy implications for balancing the demands on the
water resources of the state resulting from a growing population
with the requirements of the riverine, bay, and estuary systems
including granting permits for instream flows dedicated to
environmental needs or bay and estuary inflows, use of the Texas
Water Trust, and any other issues that the study commission
determines have importance and relevance to the protection of
environmental flows. In evaluating the options for providing
adequate environmental flows, the study commission shall take
notice of the strong public policy imperative that exists in this
state recognizing that environmental flows are important to the
biological health of our parks, game preserves, and bay and estuary
systems and are high priorities in the permitting process. The
study commission shall specifically address ways that the
ecological soundness of these systems will be ensured in the water
allocation process.
(k) The study commission:
(1) shall appoint an advisory scientific committee
that will:
(A) serve as impartial scientific advisors and
reviewers for the study commission; and
(B) have a membership of no fewer than five and no
more than nine total members chosen by the study commission to
represent a variety of areas of relevant technical expertise;
(2) may appoint additional advisory committees to
assist the study commission; and
(3) may draft proposed legislation to modify existing
water rights permitting statutes.
(l) Not later than December 1, 2004, the study commission
shall issue a report summarizing:
(1) any hearings conducted by the study commission;
(2) any studies conducted by the study commission;
(3) any legislation proposed by the study commission;
and
(4) any other findings and recommendations of the
study commission.
(m) The study commission shall promptly deliver copies of
the report to the governor, lieutenant governor, and speaker of the
house of representatives.
(n) The study commission shall adopt rules to administer
this section.
(o) The study commission is abolished and this section
expires September 1, 2005.
Sec. 11.0237. WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO
ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. (a) The
commission may not issue a new permit for instream flows dedicated
to environmental needs or bay and estuary inflows. This section
does not prohibit the commission from issuing an amendment to an
existing permit or certificate of adjudication to change the use to
or add a use for instream flows dedicated to environmental needs or
bay and estuary inflows.
(b) This section does not alter the commission's
obligations under Section 11.042(b), 11.046(b), 11.085(k)(2)(F),
11.134(b)(3)(D), 11.147, 11.1491, 16.058, or 16.059.
(c) This section expires September 1, 2005.
SECTION 3. Subsections (d) and (e), Section 11.147, Water
Code, are amended to read as follows:
(d) In its consideration of an application to store, take,
or divert water, the commission shall include in the permit, to the
extent practicable when considering all public interests, those
conditions considered by the commission necessary to maintain
[consider the effect, if any, of the issuance of the permit on]
existing instream uses and water quality of the stream or river to
which the application applies.
(e) The commission shall include in the permit, to the
extent practicable when considering all public interests, those
conditions considered by the commission necessary to maintain [also
consider the effect, if any, of the issuance of the permit on] fish
and wildlife habitats.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1639 passed the Senate on
May 1, 2003, by the following vote: Yeas 31, Nays 0; May 29, 2003,
Senate refused to concur in House amendments and requested
appointment of Conference Committee; May 30, 2003, House granted
request of the Senate; June 1, 2003, Senate adopted Conference
Committee Report by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1639 passed the House, with
amendments, on May 23, 2003, by the following vote: Yeas 145,
Nays 0, two present not voting; May 30, 2003, House granted request
of the Senate for appointment of Conference Committee;
June 1, 2003, House adopted Conference Committee Report by the
following vote: Yeas 131, Nays 8, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor