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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration by the Texas Water Development Board |
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of the Texas Water Bank and certain funds and accounts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.153(b), Water Code, is amended to |
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read as follows: |
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(b) The fund may be used to: |
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(1) provide financial assistance to political |
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subdivisions to develop water supply projects that create new water |
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sources for the state, including: |
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(A) desalination projects, including marine and |
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brackish water desalination; |
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(B) produced water treatment projects, other |
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than projects that are only for purposes of oil and gas exploration; |
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(C) aquifer storage and recovery projects; [and] |
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(D) reservoir projects for which: |
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(i) a permit for the discharge of dredged or |
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fill material has been issued by the United States secretary of the |
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army under Section 404, Federal Water Pollution Control Act (33 |
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U.S.C. Section 1344); and |
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(ii) a permit for the storage, taking, or |
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diversion of state water has been issued by the commission under |
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Section 11.121; and |
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(E) the development of infrastructure to |
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transport or integrate into a water supply system water that is made |
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available by a project described by this subdivision; |
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(2) make transfers from the fund: |
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(A) to the state water implementation fund for |
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Texas established under Subchapter G or the Texas Water Development |
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Fund II established under Subchapter L, Chapter 17; and |
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(B) for a purpose described by Subdivision (1); |
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[and] |
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(3) make transfers from the fund to the water bank |
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account established under Section 15.707; and |
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(4) make transfers from the fund: |
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(A) to the Texas Water Development Fund II state |
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participation account established under Section 17.957; and |
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(B) for a purpose described by Subdivision (1). |
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SECTION 2. Section 15.703(a), Water Code, is amended to |
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read as follows: |
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(a) The board may take all actions necessary to operate the |
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water bank and to facilitate the transfer of water rights from the |
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water bank for future beneficial use, including but not limited to: |
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(1) negotiating a sale price and terms acceptable to |
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the depositor and purchaser; |
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(2) maintaining a registry of water bank deposits and |
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those water users in need of additional supplies; |
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(3) informing water users in need of additional supply |
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of water rights available in the bank; |
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(4) encouraging water right holders to implement water |
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conservation practices and deposit the right to use the conserved |
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water into the bank; |
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(5) establishing requirements for deposit of a water |
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right into the water bank, including minimum terms for deposit; |
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(6) purchasing, holding, and transferring water or |
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water rights in its own name, including purchasing, holding, and |
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transferring water or water rights originating outside this state |
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for the purpose of providing water for the use or benefit of this |
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state; |
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(7) establishing regional water banks; |
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(8) acting as a clearinghouse for water marketing |
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information including water availability, pricing of water |
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transactions, environmental considerations, and potential buyers |
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and sellers of water rights; |
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(9) preparing and publishing a manual on structuring |
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water transactions; |
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(10) accepting and holding donations of water rights |
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to meet instream, water quality, fish and wildlife habitat, or bay |
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and estuary inflow needs; |
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(11) entering into contracts with persons to pay for |
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feasibility studies or the preparation of plans and specifications |
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relating to water conservation efforts or to estimate the amount of |
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water that would be saved through conservation efforts; and |
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(12) other actions to facilitate water transactions. |
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SECTION 3. Section 16.131(a), Water Code, is amended to |
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read as follows: |
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(a) The board may use the state participation account of the |
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development fund to encourage optimum regional and interregional |
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development of projects, including the design, acquisition, lease, |
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construction, reconstruction, development, or enlargement in whole |
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or part of: |
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(1) reservoirs and storm water retention basins for |
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water supply, flood protection, and groundwater recharge; |
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(2) facilities for the transmission and treatment of |
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water; |
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(3) treatment works as defined by Section 17.001; |
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[and] |
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(4) interregional water supply projects selected |
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under Section 16.145; and |
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(5) projects described by Section 15.153(b)(1). |
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SECTION 4. The following provisions of the Water Code are |
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repealed: |
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(1) Section 16.131(c); and |
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(2) Section 16.146(h). |
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SECTION 5. This Act takes effect September 1, 2025. |