By: Perry, Creighton S.B. No. 1430     A BILL TO BE ENTITLED   AN ACT   relating to a requirement that the Texas Commission on   Environmental Quality provide an expedited procedure for acting on   certain applications for an amendment to a water right by certain   applicants that use desalinated seawater.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.122, Water Code, is amended by adding   Subsections (b-1) and (b-2) to read as follows:          (b-1)  A holder of a water right that begins using   desalinated seawater after acquiring the water right has a right to   expedited consideration of an application for an amendment to the   water right if the amendment:                (1)  authorizes the applicant to divert water from a   diversion point that is different from or in addition to the point   or points from which the applicant was authorized to divert water   before the requested amendment;                (2)  authorizes the applicant to divert from the   different or additional diversion point an amount of water that is   equal to or less than the amount of desalinated seawater used by the   applicant;                (3)  authorizes the applicant to divert from all of the   diversion points authorized by the water right an amount of water   that is equal to or less than the amount of water the applicant was   authorized to divert under the water right before the requested   amendment;                (4)  authorizes the applicant to divert water from all   of the diversion points authorized by the water right at a combined   rate that is equal to or less than the combined rate at which the   applicant was authorized to divert water under the water right   before the requested amendment; and                (5)  does not authorize the water diverted from the   different or additional diversion point to be transferred to   another river basin.          (b-2)  The executive director or the commission shall   prioritize the technical review of an application that is subject   to Subsection (b-1) over the technical review of applications that   are not subject to that subsection.          SECTION 2.  Section 2003.047, Government Code, is amended by   amending Subsection (e-3) and adding Subsection (e-6) to read as   follows:          (e-3)  The deadline specified by Subsection (e-2) or (e-6),   as applicable, may be extended:                (1)  by agreement of the parties with the approval of   the administrative law judge; or                (2)  by the administrative law judge if the judge   determines that failure to extend the deadline would unduly deprive   a party of due process or another constitutional right.          (e-6)  For a matter pertaining to an application described by   Section 11.122(b-1), Water Code, the administrative law judge must   complete the proceeding and provide a proposal for decision to the   commission not later than the 270th day after the date the matter   was referred to the office.          SECTION 3.  The changes in law made by this Act apply only to   an application for an amendment to a water right that is filed with   the Texas Commission on Environmental Quality on or after the   effective date of this Act. An application filed with the   commission before the effective date of this Act is governed by the   law as it existed immediately before the effective date of this Act,   and that law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.