- 12 - petitioner’s water right. At the beginning of 1997, it opposed any transfer of petitioner’s water outside the Colorado River Basin, including the proposed sale to Corpus Christi. 3. Events After the Valuation Date A. The 1997 Legislative Session During the 1997 Texas legislative session, legislators and interest groups with opposing interests rewrote the laws regulating water planning and usage in Texas. The result of this collaboration was Senate Bill 1 (SB1). SB1 included an amendment known as the Junior Water Rights Provision. Under the amendment, the water rights involved in any interbasin transfer approved under the new law would lose their priority date and be assigned the date of the transfer as a new priority date. SB1 became effective September 1, 1997. All interbasin transfers for which applications were made before March 1, 1997, including petitioner’s application for an interbasin transfer to Corpus Christi, were exempted from the amendment. A loss of priority date would be significant to petitioner because of the nature of its water right. Petitioner’s water right was a run-of-the-river right. A run-of-the-river right entitles the holder to divert water only if the flow is available on the day the holder needs to use it, and compels upstream holders of water rights with junior priority dates to allow available water to flow past them, without diverting or storingPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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