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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration by the Texas Commission on |
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Environmental Quality of the economic impact of an appropriation of |
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state water in determining whether to grant an application for the |
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appropriation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.1274 to read as follows: |
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Sec. 11.1274. ADDITIONAL REQUIREMENT: ECONOMIC IMPACT |
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STUDY. The commission shall require from an applicant for a new or |
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amended water right the formulation and submission of an economic |
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impact study that assesses how approval or denial of the new or |
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amended water right will economically impact affected communities. |
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SECTION 2. Section 11.134(b), Water Code, is amended to |
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read as follows: |
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(b) The commission shall grant the application only if: |
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(1) the application conforms to the requirements |
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prescribed by this chapter and is accompanied by the prescribed |
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fee; |
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(2) unappropriated water is available in the source of |
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supply; |
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(3) the proposed appropriation: |
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(A) is intended for a beneficial use; |
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(B) does not impair existing water rights or |
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vested riparian rights; |
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(C) is not detrimental to the public welfare; |
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(D) considers any applicable environmental flow |
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standards established under Section 11.1471 and, if applicable, the |
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assessments performed under Sections 11.147(d) and (e) and Sections |
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11.150, 11.151, [and] 11.152, and 11.1521; and |
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(E) addresses a water supply need in a manner |
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that is consistent with the state water plan and the relevant |
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approved regional water plan for any area in which the proposed |
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appropriation is located, unless the commission determines that |
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conditions warrant waiver of this requirement; and |
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(4) the applicant has provided evidence that |
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reasonable diligence will be used to avoid waste and achieve water |
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conservation as defined by Section 11.002(8)(B). |
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SECTION 3. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.1521 to read as follows: |
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Sec. 11.1521. ASSESSMENT OF ECONOMIC IMPACT OF PERMITS OR |
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AMENDMENTS. (a) In its consideration of an application for a |
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permit to store, take, or divert water, or for an amendment to a |
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permit, certified filing, or certificate of adjudication, the |
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commission shall assess the economic impact, if any, of the |
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issuance or denial of the permit or amendment on any community |
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affected by the issuance or denial of the permit or amendment and |
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may require the applicant to take reasonable actions to mitigate |
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adverse economic impacts on affected communities if the permit or |
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amendment is issued. In determining whether to require an |
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applicant to mitigate the adverse economic impact of a project |
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authorized by a permit or amendment, the commission may consider |
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any net benefit produced by the project. |
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(b) For the purposes of Subsection (a), the commission shall |
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consider among other factors: |
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(1) the study submitted by the applicant under Section |
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11.1274; and |
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(2) any testimony provided at a hearing on the |
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application held under Section 11.133. |
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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 September 1, 2015. |