Bill Text: TX HB3656 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the transfer of certain permitted irrigation water rights related to a certain portion of the Edwards Aquifer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3656 Detail]
Download: Texas-2019-HB3656-Enrolled.html
H.B. No. 3656 |
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relating to the transfer of certain permitted irrigation water | ||
rights related to a certain portion of the Edwards Aquifer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.34, Chapter 626, Acts of the 73rd | ||
Legislature, Regular Session, 1993, is amended to read as follows: | ||
Sec. 1.34. TRANSFER OF RIGHTS. (a) In this section: | ||
(1) "Developed land" means historically irrigated | ||
land that has been physically altered by the installation of | ||
utilities or construction of roads, parking lots, driveways, | ||
foundations, structures, buildings, stormwater collection systems, | ||
public parks, or athletic fields or by similar improvements. | ||
(2) "Historically irrigated land" means land | ||
irrigated during the historical period, as described by Section | ||
1.16 of this Act, that provided the basis for the issuance of an | ||
initial regular permit for irrigation use and is identified as the | ||
place of use in the initial regular permit. | ||
(3) "Land no longer practicable to farm" means | ||
historically irrigated land: | ||
(A) that has not been irrigated for more than | ||
five years; and | ||
(B) for which the owner of the land has submitted | ||
to the authority documentation demonstrating that because of | ||
development on land in close proximity to the historically | ||
irrigated land, agricultural activities performed on the land, | ||
including crop dusting or other applications of pesticides, have | ||
the potential to compromise the health and safety of a farm operator | ||
or of persons occupying or residing on property in close proximity | ||
to the land. | ||
(b) Water withdrawn from the aquifer must be used within the | ||
boundaries of the authority. | ||
(c) [ |
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which a person who installs water conservation equipment may sell | ||
the water conserved. | ||
(d) Except as otherwise provided by this section, a [ |
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permit holder may lease permitted water rights, but a holder of a | ||
permit for irrigation use may not lease more than 50 percent of the | ||
irrigation rights initially permitted. The user's remaining | ||
irrigation water rights must be used in accordance with the | ||
original permit and must pass with transfer of the irrigated land. | ||
(e) Subject to approval by the authority, the owner of | ||
historically irrigated land may sever all or a portion of the | ||
remaining water rights for the historically irrigated land which | ||
has become developed land in the same proportion as the proportion | ||
of developed land and undeveloped land or for which the owner of the | ||
historically irrigated land has demonstrated that all or a portion | ||
of the land is land no longer practicable to farm. Water rights used | ||
for irrigation tied to a portion of land that cannot be developed | ||
because of its topography or its location in a floodplain may be | ||
included in the proportion of land considered developed land. | ||
Water rights for use in irrigation severed under this subsection | ||
may change in purpose or place of use. Rules adopted to implement | ||
this subsection may not expand the type of land considered | ||
developed land or land considered land no longer practicable to | ||
farm. The approval of a severance under this section is subject to | ||
a contested case hearing in accordance with authority rules. | ||
(f) The authority may adopt rules to provide for a holder of | ||
an initial regular permit for use in irrigation to lease all or part | ||
of the water rights for use in irrigation granted in the initial | ||
permit to another person for irrigating land, including land not | ||
described in the initial regular permit, located in the authority. | ||
Rules adopted under this subsection may allow the holder of an | ||
initial regular permit to use the water rights temporarily for | ||
irrigation at a location other than the land described in the | ||
initial regular permit. | ||
SECTION 2. Rules adopted by the Edwards Aquifer Authority | ||
before the effective date of this Act relating to the severance of | ||
water rights from historically irrigated land and actions taken by | ||
the authority under those rules are validated and confirmed in all | ||
respects. | ||
SECTION 3. The change in law made by this Act to Section | ||
1.34, Chapter 626, Acts of the 73rd Legislature, Regular Session, | ||
1993, applies only to a transfer, and the contracts or other | ||
transaction documents of any kind related thereto, including | ||
documents related to the extension of credit, hereinafter | ||
collectively referred to as "transfer," effective on or after the | ||
effective date of this Act. The change in law made by this Act to | ||
Section 1.34, Chapter 626, Acts of the 73rd Legislature, Regular | ||
Session, 1993, does not affect the validity of a transfer effective | ||
before the effective date of this Act. A transfer effective before | ||
the effective date of this Act is governed by the provisions of | ||
Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, | ||
and the rules of the Edwards Aquifer Authority in effect at the time | ||
the transfer became effective. Transfers effective before the | ||
effective date of this Act, that have not been rescinded, and are | ||
not subject to pending litigation are hereby conclusively validated | ||
in all respects. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3656 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 141, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3656 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |