Under the act, it shall be unlawful for any person to export water resources outside the state unless the person holds a water exportation permit issued by the Department of Natural Resources, subject to certain exemptions as described in the act.

It shall be unlawful for any person to withdraw water for exportation by use of a pipeline facility, unless the withdrawal and ultimate end use of the water by a pipeline facility is within 30 miles of the state border. Any person who withdraws water for exportation shall annually report the water use volumes, withdrawal rates, and end use to the Department in a manner and on timelines determined by the Department. This provision has a severability clause.

The Director of the Department shall review each water exportation permit application and all supporting documents to ensure the required conditions have been met prior to accepting a water exportation application for public comment and review by the State Soil and Water Districts Commission. The required conditions are described in the act.

Within 120 days after receipt of a complete application, the Director shall determine whether the applicant complied with the conditions under the act. After making such a determination, the Director shall hold a 30-day public comment period regarding the determination. Within 60 days after the comment period, the Director shall recommend approval or denial of the permit. Such recommendation and public comments shall be submitted to the Commission. The Commission shall make the final decision as to the approval or denial of the permit as described in the act.

To renew a water exportation permit, an applicant shall file a renewal application with the Department as described in the act. The process for reviewing the renewal application is described in the act.

In the absence of an appeal, the decision of the Commission shall be final.

A water exportation permit shall be in effect for three years after the date of issuance. The permit holder shall annually report the water use volumes, withdrawal rates, and end use to the Department. Such report shall be made available to the public on the Department's website.

The water exportation permit application shall include all water exportation requested by the applicant. The water exportation permit may be approved by the Director or the Commission. An applicant may include multiple water withdrawals for exportation from various locations within one water exportation permit application.

A water exportation permit application shall include a designee or agent in the state for service of process and to receive other notices.

A major water user may request the Department to reevaluate any existing water exportation permit using the criteria under the act. The Department shall create a mechanism for a major water user to submit a request for reevaluation of the permit as described in the act.

The act shall not preclude a person from bringing any claim to defend the person's water rights. A permit shall not serve as a defense to any claim brought against a water permit holder for the infringement of water rights. Any person harmed by the issuance of a permit may bring appropriate action as described in the act.

If the Attorney General receives a complaint for violations of the act, or at the request of the Department, the Attorney General shall bring a civil action. Suit may be brought in any county where the defendant's principal place of business is located or where the withdrawal of water occurred in violation of the act. Any member of the Commission deemed to have violated provisions of this act shall forfeit their office upon such finding of a violation.

Whenever a state of emergency is declared by the Governor in any part of the state based on drought conditions, the Department shall reevaluate any existing water exportation permit as described in the act.

The act is similar to a provision in SCS/HCS/HBs 2134 & 1956 (2024), SCS/SB 782 (2024), SB 599 (2023) and HCS/HB 1129 (2023).

JULIA SHEVELEVA