Perry Bill Lets Water Board Buy Water Rights From Outside Texas

The text as introduced · 716 words

89R9865 KRM-F

By: Perry
S.B. No. 1629

A BILL TO BE ENTITLED

AN ACT

relating to the administration by the Texas Water Development Board

of the Texas Water Bank and certain funds and accounts.

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

SECTION 1. Section 15.153(b), Water Code, is amended to

read as follows:

(b) The fund may be used to:

(1) provide financial assistance to political

subdivisions to develop water supply projects that create new water

sources for the state, including:

(A) desalination projects, including marine and

brackish water desalination;

(B) produced water treatment projects, other

than projects that are only for purposes of oil and gas exploration;

(C) aquifer storage and recovery projects; [ and ]

(D) reservoir projects for which:

(i) a permit for the discharge of dredged or

fill material has been issued by the United States secretary of the

army under Section 404, Federal Water Pollution Control Act (33

U.S.C. Section 1344); and

(ii) a permit for the storage, taking, or

diversion of state water has been issued by the commission under

Section 11.121; and

(E) the development of infrastructure to

transport or integrate into a water supply system water that is made

available by a project described by this subdivision;

(2) make transfers from the fund:

(A) to the state water implementation fund for

Texas established under Subchapter G or the Texas Water Development

Fund II established under Subchapter L, Chapter 17; and

(B) for a purpose described by Subdivision (1);

[ and ]

(3) make transfers from the fund to the water bank

account established under Section 15.707 ; and

(4) make transfers from the fund:

(A) to the Texas Water Development Fund II state

participation account established under Section 17.957; and

(B) for a purpose described by Subdivision (1) .

SECTION 2. Section 15.703(a), Water Code, is amended to

read as follows:

(a) The board may take all actions necessary to operate the

water bank and to facilitate the transfer of water rights from the

water bank for future beneficial use , including but not limited to:

(1) negotiating a sale price and terms acceptable to

the depositor and purchaser;

(2) maintaining a registry of water bank deposits and

those water users in need of additional supplies;

(3) informing water users in need of additional supply

of water rights available in the bank;

(4) encouraging water right holders to implement water

conservation practices and deposit the right to use the conserved

water into the bank;

(5) establishing requirements for deposit of a water

right into the water bank , including minimum terms for deposit;

(6) purchasing, holding, and transferring water or

water rights in its own name , including purchasing, holding, and

transferring water or water rights originating outside this state

for the purpose of providing water for the use or benefit of this

state ;

(7) establishing regional water banks;

(8) acting as a clearinghouse for water marketing

information including water availability, pricing of water

transactions, environmental considerations, and potential buyers

and sellers of water rights;

(9) preparing and publishing a manual on structuring

water transactions;

(10) accepting and holding donations of water rights

to meet instream, water quality, fish and wildlife habitat, or bay

and estuary inflow needs;

(11) entering into contracts with persons to pay for

feasibility studies or the preparation of plans and specifications

relating to water conservation efforts or to estimate the amount of

water that would be saved through conservation efforts; and

(12) other actions to facilitate water transactions.

SECTION 3. Section 16.131(a), Water Code, is amended to

read as follows:

(a) The board may use the state participation account of the

development fund to encourage optimum regional and interregional

development of projects , including the design, acquisition, lease,

construction, reconstruction, development, or enlargement in whole

or part of:

(1) reservoirs and storm water retention basins for

water supply, flood protection, and groundwater recharge;

(2) facilities for the transmission and treatment of

water;

(3) treatment works as defined by Section 17.001;

[ and ]

(4) interregional water supply projects selected

under Section 16.145 ; and

(5) projects described by Section 15.153(b)(1) .

SECTION 4. The following provisions of the Water Code are

repealed:

(1) Section 16.131(c); and

(2) Section 16.146(h).

SECTION 5. This Act takes effect September 1, 2025.