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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for obtaining a right to use state water |
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if the applicant proposes an alternative source of water that is not |
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state water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.132(c) and (d), Water Code, are |
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amended to read as follows: |
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(c) In the notice, the commission shall: |
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(1) state the name and address of the applicant; |
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(2) state the date the application was filed; |
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(3) state the purpose and extent of the proposed |
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appropriation of water; |
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(4) identify the source of supply and the place where |
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the water is to be stored or taken or diverted from the source of |
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supply; |
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(5) identify any proposed alternative source of water, |
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other than state water, identified by the applicant; |
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(6) specify the time and location where the commission |
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will consider the application; and |
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(7) [(6)] give any additional information the |
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commission considers necessary. |
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(d) The commission may act on the application without |
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holding a public hearing if: |
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(1) not less than 30 days before the date of action on |
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the application by the commission, the applicant has published the |
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commission's notice of the application at least once in a newspaper |
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regularly published or circulated within the section of the state |
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where the source of water is located; |
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(2) not less than 30 days before the date of action on |
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the application by the commission, the commission mails a copy of |
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the notice by first-class mail, postage prepaid, to: |
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(A) each claimant or appropriator of water from |
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the source of water supply, the record of whose claim or |
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appropriation has been filed with the commission; [and] |
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(B) each groundwater conservation district with |
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jurisdiction over the proposed groundwater production, if the |
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applicant proposes to use groundwater from a well located within a |
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groundwater conservation district as an alternative source of |
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water; and |
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(C) all navigation districts within the river |
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basin concerned; and |
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(3) within 30 days after the date of the newspaper |
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publication of the commission's notice, a public hearing has not |
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been requested in writing by a commissioner, the executive |
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director, or an affected person who objects to the application. |
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SECTION 2. Section 11.135(b), Water Code, is amended to |
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read as follows: |
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(b) The permit shall be in writing and attested by the seal |
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of the commission, and it shall contain substantially the following |
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information: |
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(1) the name of the person to whom the permit is |
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issued; |
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(2) the date the permit is issued; |
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(3) the date the original application was filed; |
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(4) the use or purpose for which the appropriation is |
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to be made; |
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(5) the amount or volume of water authorized to be |
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appropriated for each purpose; if use of the appropriated water is |
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authorized for multiple purposes, the permit shall contain a |
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special condition limiting the total amount of water that may |
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actually be diverted for all of the purposes to the amount of water |
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appropriated; |
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(6) a general description of the source of supply from |
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which the appropriation is proposed to be made, including any |
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alternative source of water that is not state water; |
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(7) the time within which construction or work must |
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begin and the time within which it must be completed; and |
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(8) any other information the commission prescribes. |
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SECTION 3. Sections 11.143(e) and (f), Water Code, are |
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amended to read as follows: |
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(e) In the notice, the commission shall: |
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(1) state the name and post-office address of the |
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applicant; |
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(2) state the date the application was filed; |
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(3) state the purpose and extent of the proposed |
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appropriation of water; |
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(4) identify the source of supply, including any |
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proposed alternative source of water, other than state water, |
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identified by the applicant, and the place where the water is |
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stored; and |
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(5) specify the time and place of the hearing. |
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(f) The notice shall be published only once, at least 20 |
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days before the date stated in the notice for the hearing on the |
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application, in a newspaper having general circulation in the |
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county where the dam or reservoir is located. At least 15 days |
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before the date set for the hearing, the commission shall transmit a |
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copy of the notice by first-class mail to each person whose claim or |
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appropriation has been filed with the commission and whose |
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diversion point is downstream from that described in the |
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application. If the notice identifies groundwater from a well |
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located in a groundwater conservation district as a proposed |
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alternative source of water, the notice shall be: |
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(1) sent to the groundwater conservation district in |
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which the well is located; and |
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(2) published, at least 20 days before the date stated |
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in the notice for the hearing, in a newspaper having general |
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circulation in each county in which the groundwater district is |
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located. |
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SECTION 4. The changes in law made by this Act apply only to |
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an application for a new or amended water right received by the |
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Texas Commission on Environmental Quality on or after the effective |
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date of this Act. An application received before the effective date |
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of this Act is governed by the law in effect on the date the |
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application was received, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. 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, 2017. |