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CS/SB 364 — Consumptive Use Permits for Development of Alternative Water Supplies

by Community Affairs Committee and Senator Hays

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Environmental Preservation and Conservation Committee (EP)

The bill directs that alternative water supply (AWS) development projects approved on or after July 1, 2013, are eligible for an extended consumptive use permit (CUP) of at least 30 years. Permits are subject to compliance reports and water management district (WMD) water shortage orders. The bill provides that the quantity of water allocated to such AWS CUPs may be reduced to prevent harm to water resources or existing legal uses. Under the bill, extended permits may not authorize the use of non-brackish groundwater supplies or non-alternative water supplies. Finally, the bill clarifies that if sufficient data exists to provide reasonable assurance the conditions for permit issuance will be met, permits for at least 20-years or 30-years may be approved.

If approved by the Governor, these provisions take effect July 1, 2013.

Vote: Senate 40-0; House 117-0