Texas Statutes
Subchapter A. General Powers and Duties
Section 12.028. Powers and Duties Regarding Texas Water Trust

Sec. 12.028. POWERS AND DUTIES REGARDING TEXAS WATER TRUST. (a) In this section, "Texas Water Trust" means the trust established under Section 15.7031, Water Code.
(b) Consistent with Section 11.0235(b), Water Code, and the department's duties and responsibilities, the department shall encourage and facilitate the dedication of water rights in the Texas Water Trust through lease, donation, purchase, or other means of voluntary transfer for environmental needs, including for the purpose of maintaining or improving:
(1) instream flows;
(2) water quality;
(3) fish and wildlife habitat; and
(4) bay and estuary inflows.
(c) The department may manage rights in the Texas Water Trust in a manner that is consistent with:
(1) the manner in which a holder of the rights may manage the rights;
(2) the dedication of the rights, including the dedication's terms and conditions;
(3) Sections 11.0237, 11.027, and 11.122, Water Code; and
(4) maximizing environmental benefits.
(d) This section may not be construed to authorize the department to exercise any authority expressly granted to the Texas Water Development Board or the Texas Commission on Environmental Quality under Subchapter K, Chapter 15, Water Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 689 (H.B. 2225), Sec. 1, eff. September 1, 2021.

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