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
 
 
 
 
AN ACT
  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         (b)  Water withdrawn from the aquifer must be used within the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) [(b)]  The authority by rule may establish a procedure by
  which a person who installs water conservation equipment may sell
  the water conserved.
         (d)  Except as otherwise provided by this section, a [(c)  A]
  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       
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