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AN ACT
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relating to the conveyancing or transfer in this state of water |
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imported into this state from a source located outside this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.0237(b), Water Code, is amended to |
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read as follows: |
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(b) This section does not alter the commission's |
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obligations under Section 11.042(a-1), (b), [11.042(b)] or (c), |
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11.046(b), 11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471, |
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11.1491, 11.150, 11.152, 16.058, or 16.059. |
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SECTION 2. Section 11.042, Water Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) With prior authorization granted under rules |
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prescribed by the commission, a person, association of persons, |
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corporation, water control and improvement district, water |
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improvement district, or irrigation district supplying water |
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imported from a source located wholly outside the boundaries of |
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this state, except water imported from a source located in the |
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United Mexican States, may use the bed and banks of any flowing |
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natural stream in the state to convey water for use in this state. |
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The authorization must: |
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(1) allow for the diversion of only the amount of water |
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put into a watercourse or stream, less carriage losses; and |
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(2) include special conditions adequate to prevent a |
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significant impact to the quality of water in this state. |
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SECTION 3. Section 11.085(v), Water Code, is amended to |
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read as follows: |
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(v) The provisions of this section, except Subsection (a), |
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do not apply to: |
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(1) a proposed transfer which in combination with any |
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existing transfers totals less than 3,000 acre-feet of water per |
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annum from the same permit, certified filing, or certificate of |
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adjudication; |
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(2) a request for an emergency transfer of water; |
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(3) a proposed transfer from a basin to its adjoining |
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coastal basin; [or] |
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(4) a proposed transfer from a basin to a county or |
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municipality or the municipality's retail service area that is |
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partially within the basin for use in that part of the county or |
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municipality and the municipality's retail service area not within |
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the basin; or |
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(5) a proposed transfer of water that is: |
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(A) imported from a source located wholly outside |
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the boundaries of this state, except water that is imported from a |
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source located in the United Mexican States; |
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(B) for use in this state; and |
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(C) transported by using the bed and banks of any |
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flowing natural stream located in this state. |
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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, 2009. |
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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. 4231 was passed by the House on April |
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29, 2009, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4231 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 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 |