HBA-NMO H.B. 533 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 533
By: Puente
Natural Resources
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that all waters subject to interbasin transfer are
junior in priority to all other waters within an originating basin.  This
provision may limit the options available to a regional water planning area
to solve water supply problems.  H.B. 533 provides that the interbasin
transfer junior rights provision does not apply to interbasin transfers
within the same regional water planning area.   
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.085(s), Water Code, to provide that a water
right, or an amendment to a permit, certified filing, or certificate of
adjudication, authorizing a transfer of water under this section, rather
than any proposed transfer of all or a portion of a water right under this
section, is junior in priority to water rights granted before the time the
application for the transfer is accepted for filing.  Provides that this
subsection does not apply to a water right, or an amendment to permit,
certified filing, or certificate of adjudication, authorizing an interbasin
transfer of water in the same regional water planning area established
under Section 16.053, Water Code (Regional Water Plans). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.