HB5348 - Relating to acquiring real property interests for environmental mitigation required for water projects.

      By: Kitzman H.B. No. 5348       A BILL TO BE ENTITLED   AN ACT   relating to acquiring real property interests for environmental   mitigation required for water projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 16.144, Water Code, is amended to read as   follows:          Sec. 16.144.  ENVIRONMENTAL MITIGATION. (a)  If a person   proposing to construct [ a reservoir whose site has been designated   as unique for the construction of a reservoir under Section   16.051(g) ] project under this chapter is required to mitigate   future adverse environmental effects arising from the construction   or operation of the [ reservoir ] project or its related facilities,   the person shall, if authorized by the applicable regulatory   authority, attempt to mitigate those effects by offering to   contract with and pay an amount of money to an owner of real   property [ located outside of the reservoir site ] to maintain the   property through an easement instead of acquiring the fee simple   title to the property for that purpose.          (b)  An owner of real property may reject an offer made under   Subsection (a). If agreement on the terms of an easement under   Subsection (a) cannot be reached by the parties after a good faith   attempt and offer is made, then the party constructing the   [ reservoir ] project may obtain fee title to the property through   voluntary or involuntary means.           (c)     If a person does not mitigate future adverse   environmental effects arising from the construction or operation   of a project or its related facilities, by an easement instead of   acquiring the fee simple title to the property, the person shall   submit an explanatory report to the board that provides the reasons   the person was not able to utilize an easement for mitigation.          SECTION 2.  This Act takes effect September 1, 2025.