Bill Text: TX HB3735 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an application for a new or amended water right submitted to the Texas Commission on Environmental Quality.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3735 Detail]
Download: Texas-2017-HB3735-Introduced.html
Bill Title: Relating to an application for a new or amended water right submitted to the Texas Commission on Environmental Quality.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3735 Detail]
Download: Texas-2017-HB3735-Introduced.html
85R6202 JAM-F | ||
By: Frank | H.B. No. 3735 |
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relating to an application for a new or amended water right | ||
submitted to the Texas Commission on Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 11.002(1) and (3), Water Code, are | ||
amended to read as follows: | ||
(1) "Commission" means the Texas [ |
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(3) "Executive director" means the executive director | ||
of the Texas [ |
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Environmental Quality. | ||
SECTION 2. Section 11.125(a), Water Code, is amended to | ||
read as follows: | ||
(a) The application must be accompanied by a map or plat in | ||
the form and containing the information prescribed by the | ||
commission [ |
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SECTION 3. Section 11.128, Water Code, is amended to read as | ||
follows: | ||
Sec. 11.128. PAYMENT OF FEE. The [ |
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commission may [ |
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application until the executive director certifies to the | ||
commission that the fee is paid. | ||
SECTION 4. Section 11.134, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) The commission shall grant the application only if: | ||
(1) the application conforms to the requirements | ||
prescribed by this chapter and is accompanied by the prescribed | ||
fee; | ||
(2) unappropriated water is available in the source of | ||
supply; | ||
(3) the proposed appropriation: | ||
(A) is intended for a beneficial use; | ||
(B) does not impair existing water rights or | ||
vested riparian rights; | ||
(C) is not detrimental to the public welfare; | ||
(D) considers any applicable environmental flow | ||
standards established under Section 11.1471 and, if applicable, the | ||
assessments performed under Sections 11.147(d) and (e) and Sections | ||
11.150, 11.151, and 11.152; and | ||
(E) addresses a water supply need in a manner | ||
that is not inconsistent [ |
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the relevant approved regional water plan for any area in which the | ||
proposed appropriation is located, unless the commission | ||
determines that conditions warrant waiver of this requirement; and | ||
(4) the applicant has provided evidence that | ||
reasonable diligence will be used to avoid waste and achieve water | ||
conservation as defined by Section 11.002(8)(B). | ||
(b-1) In determining whether an appropriation is | ||
detrimental to the public welfare under Subsection (b)(3)(C), the | ||
commission may consider only the factors that are within the | ||
jurisdiction and expertise of the commission as established by this | ||
chapter. | ||
SECTION 5. Sections 11.125(b) and (c), Water Code, are | ||
repealed. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
an application for a new or amended water right received by the | ||
Texas Commission on Environmental Quality on or after the effective | ||
date of this Act. An application received before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
application was received, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2017. |