89R13860 CMO-D     By: Dean H.B. No. 4433       A BILL TO BE ENTITLED   AN ACT   relating to the requirements for obtaining an interbasin water   transfer permit.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 11.085(b) and (k), Water Code, are   amended to read as follows:          (b)  The application must include:                (1)  the contract price of the water to be transferred;                (2)  a statement of each general category of proposed   use of the water to be transferred and a detailed description of the   proposed uses and users under each category; [and]                (3)  the cost of diverting, conveying, distributing,   and supplying the water to, and treating the water for, the proposed   users; and                (4)  an enforceable affirmation that the receiving   basin will implement water conservation and drought contingency   measures to avoid waste.          (k)  In addition to other requirements of this code relating   to the review of and action on an application for a new water right   or amended permit, certified filing, or certificate of   adjudication, the commission shall weigh the effects of the   proposed transfer by considering:                (1)  the need for the water in the basin of origin and   in the proposed receiving basin based on the period for which the   water supply is requested, but not to exceed 50 years;                (2)  factors identified in the applicable approved   regional water plans which address the following:                      (A)  the availability of feasible and practicable   alternative supplies in the receiving basin to the water proposed   for transfer;                      (B)  the amount and purposes of use in the   receiving basin for which water is needed;                      (C)  the water conservation and drought   contingency measures to be implemented [proposed methods and   efforts] by the receiving basin to avoid waste as required under   Subsection (b)(4) [and implement water conservation and drought   contingency measures];                      (D)  proposed methods and efforts by the receiving   basin to put the water proposed for transfer to beneficial use;                      (E)  the projected economic impact that is   reasonably expected to occur in each basin as a result of the   transfer; and                      (F)  the projected impacts of the proposed   transfer that are reasonably expected to occur on existing water   rights, instream uses, water quality, aquatic and riparian habitat,   and bays and estuaries that must be assessed under Sections 11.147,   11.150, and 11.152 of this code in each basin.  If the water sought   to be transferred is currently authorized to be used under an   existing permit, certified filing, or certificate of adjudication,   such impacts shall only be considered in relation to that portion of   the permit, certified filing, or certificate of adjudication   proposed for transfer and shall be based on historical uses of the   permit, certified filing, or certificate of adjudication for which   amendment is sought;                (3)  proposed mitigation or compensation, if any, to   the basin of origin by the applicant;                (4)  the continued need to use the water for the   purposes authorized under the existing permit, certified filing, or   certificate of adjudication, if an amendment to an existing water   right is sought; and                (5)  the information required to be submitted by the   applicant.          SECTION 2.  (a)  This Act does not apply to an application   for a water right or an amendment to a permit, certified filing, or   certificate of adjudication authorizing an interbasin transfer of   water that is accepted for filing before the effective date of this   Act.          (b)  An application for a water right or an amendment to a   permit, certified filing, or certificate of adjudication   authorizing an interbasin transfer of water that is accepted for   filing before the effective date of this Act is governed by the law   in effect at the time the application is accepted for filing, and   the former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.