bill favoring easements over land buys for water project mitigation

The text as introduced · 299 words

By: Kitzman
H.B. No. 5348

A BILL TO BE ENTITLED

AN ACT

relating to acquiring real property interests for environmental

mitigation required for water projects.

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

SECTION 1. Section 16.144, Water Code, is amended to read as

follows:

Sec. 16.144. ENVIRONMENTAL MITIGATION. (a) If a person

proposing to construct [ a reservoir whose site has been designated

as unique for the construction of a reservoir under Section

16.051(g) ] project under this chapter is required to mitigate

future adverse environmental effects arising from the construction

or operation of the [ reservoir ] project or its related facilities,

the person shall, if authorized by the applicable regulatory

authority, attempt to mitigate those effects by offering to

contract with and pay an amount of money to an owner of real

property [ located outside of the reservoir site ] to maintain the

property through an easement instead of acquiring the fee simple

title to the property for that purpose.

(b) An owner of real property may reject an offer made under

Subsection (a). If agreement on the terms of an easement under

Subsection (a) cannot be reached by the parties after a good faith

attempt and offer is made, then the party constructing the

[ reservoir ] project may obtain fee title to the property through

voluntary or involuntary means.

(c) If a person does not mitigate future adverse

environmental effects arising from the construction or operation

of a project or its related facilities, by an easement instead of

acquiring the fee simple title to the property, the person shall

submit an explanatory report to the board that provides the reasons

the person was not able to utilize an easement for mitigation.

SECTION 2. This Act takes effect September 1, 2025.