88R778 JAM-F     By: Bowers H.B. No. 874       A BILL TO BE ENTITLED   AN ACT   relating to an exemption to the cancellation of a water right for   nonuse.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.173(b), Water Code, is amended to   read as follows:          (b)  A permit, certified filing, or certificate of   adjudication or a portion of a permit, certified filing, or   certificate of adjudication is exempt from cancellation under   Subsection (a):                (1)  to the extent of the owner's participation in the   Conservation Reserve Program authorized by the Food Security Act,   Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)   or a similar governmental program;                (2)  if a significant portion of the water authorized   to be used pursuant to a permit, certified filing, or certificate of   adjudication has been used in accordance with a specific   recommendation for meeting a water need included in the regional   water plan approved pursuant to Section 16.053;                (3)  if the permit, certified filing, or certificate of   adjudication:                      (A)  was obtained to meet demonstrated long-term   public water supply or electric generation needs as evidenced by a   water management plan developed by the holder; and                      (B)  is consistent with projections of future   water needs contained in the state water plan;                (4)  if the permit, certified filing, or certificate of   adjudication was obtained as the result of the construction of a   reservoir funded, in whole or in part, by the holder of the permit,   certified filing, or certificate of adjudication as part of the   holder's long-term water planning; or                (5)  to the extent the nonuse resulted from:                      (A)  the implementation of water conservation   measures under a water conservation plan submitted by the holder of   the permit, certified filing, or certificate of adjudication as   evidenced by implementation reports submitted by the holder;                      (B)  a suspension, adjustment, or other   restriction on the use of the water authorized to be appropriated   under the permit, certified filing, or certificate of adjudication   imposed under an order issued by the executive director; [or]                      (C)  an inability to appropriate the water   authorized to be appropriated under the permit, certified filing,   or certificate of adjudication due to drought conditions; or                      (D)  an executed temporary or permanent   forbearance agreement that:                            (i)  promotes restoration, preservation, or   enhancement of instream flows;                            (ii)  was entered into by the holder of the   permit, certified filing, or certificate of adjudication; and                            (iii)  was filed with the commission not   later than the 180th day after the date the agreement was executed.          SECTION 2.  This Act takes effect September 1, 2023.