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AN ACT
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relating to interbasin transfers of state water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.085(b), (e), (g), (l), (n), and (v), |
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Water Code, are amended to read as follows: |
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(b) The application must include: |
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(1) the contract price of the water to be transferred; |
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(2) a statement of each general category of proposed |
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use of the water to be transferred and a detailed description of the |
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proposed uses and users under each category; and |
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(3) the cost of diverting, conveying, distributing, |
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and supplying the water to, and treating the water for, the proposed |
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users[; and
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[(4)
the projected effect on user rates and fees for
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each class of ratepayers]. |
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(e) In addition to the public meetings required by |
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Subsection (d) [of this section], if the application is contested |
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in a manner requiring an evidentiary hearing under the rules of the |
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commission, the commission shall give notice and hold an |
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evidentiary hearing, in accordance with commission rules and |
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applicable state law. An evidentiary hearing on an application to |
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transfer water authorized under an existing water right is limited |
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to considering issues related to the requirements of this section. |
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(g) The applicant shall cause the notice of application for |
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an interbasin transfer to be published in two different weeks |
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within a 30-day period [once a week for two consecutive weeks] in |
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one or more newspapers having general circulation in each county |
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located in whole or in part in the basin of origin or the receiving |
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basin. The published notice may not be smaller than 96.8 square |
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centimeters or 15 square inches with the shortest dimension at |
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least 7.6 centimeters or three inches. The notice of application |
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and public meetings shall be combined in the mailed and published |
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notices. |
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(l) The commission may grant, in whole or in part, an |
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application for an interbasin transfer only to the extent that: |
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(1) the detriments to the basin of origin during the |
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proposed transfer period are less than the benefits to the |
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receiving basin during the proposed transfer period, as determined |
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by the commission based on consideration of the factors described |
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by Subsection (k); and |
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(2) the applicant for the interbasin transfer has |
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prepared a drought contingency plan and has developed and |
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implemented a water conservation plan that will result in the |
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highest practicable levels of water conservation and efficiency |
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achievable within the jurisdiction of the applicant. |
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(n) If the transfer of water is based on a contractual sale |
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of water, the new water right or amended permit, certified filing, |
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or certificate of adjudication authorizing the transfer shall |
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contain a condition for a term or period not greater than the term |
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of the contract, including any extension or renewal of the contract |
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[term]. |
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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; |
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(4) a proposed transfer from the part of the |
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geographic area of [a basin to] a county or municipality, or the |
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part of the retail service area of a retail public utility as |
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defined by Section 13.002, [the municipality's retail service area] |
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that is [partially] within the basin of origin for use in that part |
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of the geographic area of the county or municipality, or that |
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contiguous part of the retail service area of the utility, [and the
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municipality's retail service area] not within the basin of origin; |
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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 2. The changes in law made by this Act apply only to |
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an application for an interbasin transfer filed with the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application filed before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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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. 3233 was passed by the House on May 7, |
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2013, by the following vote: Yeas 139, Nays 0, 2 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. 3233 was passed by the Senate on May |
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21, 2013, by the following vote: Yeas 30, 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 |