Bill Text: TX HB3233 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to interbasin transfers of state water.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3233 Detail]
Download: Texas-2013-HB3233-Enrolled.html
H.B. No. 3233 |
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relating to interbasin transfers of state water. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 11.085(b), (e), (g), (l), (n), and (v), | ||
Water Code, are amended to read as follows: | ||
(b) The application must include: | ||
(1) the contract price of the water to be transferred; | ||
(2) a statement of each general category of proposed | ||
use of the water to be transferred and a detailed description of the | ||
proposed uses and users under each category; and | ||
(3) the cost of diverting, conveying, distributing, | ||
and supplying the water to, and treating the water for, the proposed | ||
users[ |
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(e) In addition to the public meetings required by | ||
Subsection (d) [ |
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in a manner requiring an evidentiary hearing under the rules of the | ||
commission, the commission shall give notice and hold an | ||
evidentiary hearing, in accordance with commission rules and | ||
applicable state law. An evidentiary hearing on an application to | ||
transfer water authorized under an existing water right is limited | ||
to considering issues related to the requirements of this section. | ||
(g) The applicant shall cause the notice of application for | ||
an interbasin transfer to be published in two different weeks | ||
within a 30-day period [ |
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one or more newspapers having general circulation in each county | ||
located in whole or in part in the basin of origin or the receiving | ||
basin. The published notice may not be smaller than 96.8 square | ||
centimeters or 15 square inches with the shortest dimension at | ||
least 7.6 centimeters or three inches. The notice of application | ||
and public meetings shall be combined in the mailed and published | ||
notices. | ||
(l) The commission may grant, in whole or in part, an | ||
application for an interbasin transfer only to the extent that: | ||
(1) the detriments to the basin of origin during the | ||
proposed transfer period are less than the benefits to the | ||
receiving basin during the proposed transfer period, as determined | ||
by the commission based on consideration of the factors described | ||
by Subsection (k); and | ||
(2) the applicant for the interbasin transfer has | ||
prepared a drought contingency plan and has developed and | ||
implemented a water conservation plan that will result in the | ||
highest practicable levels of water conservation and efficiency | ||
achievable within the jurisdiction of the applicant. | ||
(n) If the transfer of water is based on a contractual sale | ||
of water, the new water right or amended permit, certified filing, | ||
or certificate of adjudication authorizing the transfer shall | ||
contain a condition for a term or period not greater than the term | ||
of the contract, including any extension or renewal of the contract | ||
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(v) The provisions of this section, except Subsection (a), | ||
do not apply to: | ||
(1) a proposed transfer which in combination with any | ||
existing transfers totals less than 3,000 acre-feet of water per | ||
annum from the same permit, certified filing, or certificate of | ||
adjudication; | ||
(2) a request for an emergency transfer of water; | ||
(3) a proposed transfer from a basin to its adjoining | ||
coastal basin; | ||
(4) a proposed transfer from the part of the | ||
geographic area of [ |
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part of the retail service area of a retail public utility as | ||
defined by Section 13.002, [ |
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that is [ |
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of the geographic area of the county or municipality, or that | ||
contiguous part of the retail service area of the utility, [ |
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or | ||
(5) a proposed transfer of water that is: | ||
(A) imported from a source located wholly outside | ||
the boundaries of this state, except water that is imported from a | ||
source located in the United Mexican States; | ||
(B) for use in this state; and | ||
(C) transported by using the bed and banks of any | ||
flowing natural stream located in this state. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an application for an interbasin transfer filed with the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of this Act. An application filed before the effective date of this | ||
Act is governed by the law in effect on the date the application was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3233 was passed by the House on May 7, | ||
2013, by the following vote: Yeas 139, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3233 was passed by the Senate on May | ||
21, 2013, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |