bill making interbasin water transfers come with a conservation promise

The text as introduced · 635 words

89R13860 CMO-D

By: Dean
H.B. No. 4433

A BILL TO BE ENTITLED

AN ACT

relating to the requirements for obtaining an interbasin water

transfer permit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 11.085(b) and (k), 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 ; and

(4) an enforceable affirmation that the receiving

basin will implement water conservation and drought contingency

measures to avoid waste .

(k) In addition to other requirements of this code relating

to the review of and action on an application for a new water right

or amended permit, certified filing, or certificate of

adjudication, the commission shall weigh the effects of the

proposed transfer by considering:

(1) the need for the water in the basin of origin and

in the proposed receiving basin based on the period for which the

water supply is requested, but not to exceed 50 years;

(2) factors identified in the applicable approved

regional water plans which address the following:

(A) the availability of feasible and practicable

alternative supplies in the receiving basin to the water proposed

for transfer;

(B) the amount and purposes of use in the

receiving basin for which water is needed;

(C) the water conservation and drought

contingency measures to be implemented [ proposed methods and

efforts ] by the receiving basin to avoid waste as required under

Subsection (b)(4) [ and implement water conservation and drought

contingency measures ];

(D) proposed methods and efforts by the receiving

basin to put the water proposed for transfer to beneficial use;

(E) the projected economic impact that is

reasonably expected to occur in each basin as a result of the

transfer; and

(F) the projected impacts of the proposed

transfer that are reasonably expected to occur on existing water

rights, instream uses, water quality, aquatic and riparian habitat,

and bays and estuaries that must be assessed under Sections 11.147,

11.150, and 11.152 of this code in each basin. If the water sought

to be transferred is currently authorized to be used under an

existing permit, certified filing, or certificate of adjudication,

such impacts shall only be considered in relation to that portion of

the permit, certified filing, or certificate of adjudication

proposed for transfer and shall be based on historical uses of the

permit, certified filing, or certificate of adjudication for which

amendment is sought;

(3) proposed mitigation or compensation, if any, to

the basin of origin by the applicant;

(4) the continued need to use the water for the

purposes authorized under the existing permit, certified filing, or

certificate of adjudication, if an amendment to an existing water

right is sought; and

(5) the information required to be submitted by the

applicant.

SECTION 2. (a) This Act does not apply to an application

for a water right or an amendment to a permit, certified filing, or

certificate of adjudication authorizing an interbasin transfer of

water that is accepted for filing before the effective date of this

Act.

(b) An application for a water right or an amendment to a

permit, certified filing, or certificate of adjudication

authorizing an interbasin transfer of water that is accepted for

filing before the effective date of this Act is governed by the law

in effect at the time the application is accepted for filing, and

the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.