85R6202 JAM-F     By: Frank H.B. No. 3735       A BILL TO BE ENTITLED   AN ACT   relating to an application for a new or amended water right   submitted to the Texas Commission on Environmental Quality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 11.002(1) and (3), Water Code, are   amended to read as follows:                (1)  "Commission" means the Texas [Natural Resource   Conservation] Commission on Environmental Quality.                (3)  "Executive director" means the executive director   of the Texas [Natural Resource Conservation] Commission on   Environmental Quality.          SECTION 2.  Section 11.125(a), Water Code, is amended to   read as follows:          (a)  The application must be accompanied by a map or plat in   the form and containing the information prescribed by the   commission [drawn on tracing linen on a scale not less than one inch   equals 2,000 feet].          SECTION 3.  Section 11.128, Water Code, is amended to read as   follows:          Sec. 11.128.  PAYMENT OF FEE.  The [If the] applicant [is   not exempted from payment of the filing fee under Section 12.112 of   this code, he] shall pay the filing fee prescribed by Section 5.701   [5.701(c)] at the time [he files] the application is filed. The   commission may [shall] not record, file, or consider the   application until the executive director certifies to the   commission that the fee is paid.          SECTION 4.  Section 11.134, Water Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  The commission shall grant the application only if:                (1)  the application conforms to the requirements   prescribed by this chapter and is accompanied by the prescribed   fee;                (2)  unappropriated water is available in the source of   supply;                (3)  the proposed appropriation:                      (A)  is intended for a beneficial use;                      (B)  does not impair existing water rights or   vested riparian rights;                      (C)  is not detrimental to the public welfare;                      (D)  considers any applicable environmental flow   standards established under Section 11.1471 and, if applicable, the   assessments performed under Sections 11.147(d) and (e) and Sections   11.150, 11.151, and 11.152; and                      (E)  addresses a water supply need in a manner   that is not inconsistent [consistent] with the state water plan and   the relevant approved regional water plan for any area in which the   proposed appropriation is located, unless the commission   determines that conditions warrant waiver of this requirement; and                (4)  the applicant has provided evidence that   reasonable diligence will be used to avoid waste and achieve water   conservation as defined by Section 11.002(8)(B).          (b-1)  In determining whether an appropriation is   detrimental to the public welfare under Subsection (b)(3)(C), the   commission may consider only the factors that are within the   jurisdiction and expertise of the commission as established by this   chapter.          SECTION 5.  Sections 11.125(b) and (c), Water Code, are   repealed.          SECTION 6.  The changes in law made by this Act apply only to   an application for a new or amended water right received by the   Texas Commission on Environmental Quality on or after the effective   date of this Act. An application received before the effective date   of this Act is governed by the law in effect on the date the   application was received, and the former law is continued in effect   for that purpose.          SECTION 7.  This Act takes effect September 1, 2017.