What This Bill Does
This bill creates an exemption from federal wildlife laws for water transfers between Texas, Arkansas, and Louisiana. The exemption applies when water containing prohibited species moves between public water supplies in these three states, as long as certain protections are in place.
Who It Affects
Public water supply authorities in Texas, Arkansas, and Louisiana. Entities that sell water for financial gain. State agencies responsible for approving mitigation measures.
Key Provisions
• Water transfers between public water supplies in Texas, Arkansas, and Louisiana can be exempt from the Lacey Act if all prohibited species in the water already exist in both the source and receiving water supplies, the water moves directly between supplies, and approved protective measures are used (Sec. 2(b)(1)).
• Approved protective measures include chemical treatment, timing restrictions, withdrawing water from specific depths, filtration, enhanced monitoring, and other measures reviewed and approved by the receiving state's agency (Sec. 2(b)(1)(C)).
• Water can also qualify for exemption if it travels through a closed conveyor system directly to treatment facilities where all prohibited species will be eliminated (Sec. 2(b)(2)).
• Before the first water transfer each calendar year, the source water authority must notify the receiving water authority in writing with expected transfer dates, water volume, known prohibited species present, and confirmation those species exist in both locations (Sec. 2(c)(1)).
• The entity selling the water for profit pays all costs for the protective mitigation measures (Sec. 2(d)).
What Changes
Water transfers between these three states that meet the bill's conditions will no longer violate federal wildlife protection laws. Water authorities will have a structured process to transfer water while notifying each other about prohibited species.
Important Definitions
"Covered water transfer" means moving water containing prohibited species between public water supplies located on, along, or across state boundaries between Texas, Arkansas, and Louisiana.
"Prohibited species" means any species whose shipment is prohibited by the Lacey Act or whose transfer is prohibited by the Lacey Act Amendments of 1981.
"Public water supply" means any body of water available to the public, including rivers, lakes, or streams.
II
118TH CONGRESS
1ST SESSION
S. 773
To exempt from the Lacey Act and the Lacey Act Amendments of 1981
certain water transfers between any of the States of Texas, Arkansas,
and Louisiana, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 9, 2023
Mr. CRUZ introduced the following bill; which was read twice and referred to
the Committee on Environment and Public Works
A BILL
To exempt from the Lacey Act and the Lacey Act Amend-
ments of 1981 certain water transfers between any of
the States of Texas, Arkansas, and Louisiana, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Public Water Supply
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Invasive Species Compliance Act of 2023’’.
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•S 773 IS
SEC. 2. EXEMPTION OF CERTAIN WATER TRANSFERS FROM
1
THE LACEY ACT AND THE LACEY ACT AMEND-
2
MENTS OF 1981.
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(a) DEFINITIONS.—In this section:
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(1) COVERED
WATER
TRANSFER.—The term
5
‘‘covered water transfer’’ means a transfer of water
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containing a prohibited species between public water
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supplies located on, along, or across the State
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boundaries between any of the States of Texas, Ar-
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kansas, and Louisiana.
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(2) PROHIBITED SPECIES.—The term ‘‘prohib-
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ited species’’ means any species—
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(A) the shipment of which is otherwise
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prohibited by section 42 of title 18, United
14
States Code (commonly known as the ‘‘Lacey
15
Act’’); or
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(B) the transfer of which is otherwise pro-
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hibited by the Lacey Act Amendments of 1981
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(16 U.S.C. 3371 et seq.).
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(3) PUBLIC WATER SUPPLY.—The term ‘‘public
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water supply’’ means any body of water, including
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any river, lake, or stream, the water of which is
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available or made available to the public.
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(b) EXEMPTION.—Section 42 of title 18, United
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States Code (commonly known as the ‘‘Lacey Act’’), and
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the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
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•S 773 IS
seq.) shall not apply with respect to any covered water
1
transfer, if—
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(1)(A) all prohibited species in the water trans-
3
ferred are located in both of the public water sup-
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plies between which the water is transferred;
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(B) the water is transferred directly between
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those public water supplies; and
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(C) the water is subject to effective mitigation
8
measures that are reviewed and approved by the ap-
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propriate State agency of the State to which the
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water is being transferred, including—
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(i) chemically treating the water for sus-
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pected or known prohibited species;
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(ii) limiting transfers to certain times;
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(iii) withdrawing water only from certain
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depths;
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(iv) filtration;
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(v) enhanced monitoring; and
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(vi) other mitigation measures; or
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(2) the water is transferred in a closed convey-
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ance system directly to treatment facilities where all
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prohibited species contained in the water transferred
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will be extirpated.
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(c) NOTIFICATION.—
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•S 773 IS
(1) IN
GENERAL.—Before the first covered
1
water transfer described in subsection (b)(1) occurs
2
in a calendar year and subject to paragraph (2), the
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controlling authority of the public water supply from
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which the water is to be transferred (referred to in
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this subsection as the ‘‘donor public water supply’’)
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shall submit to the controlling authority of the pub-
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lic water supply to which the water is to be trans-
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ferred (referred to in this subsection as the ‘‘recipi-
9
ent public water supply’’) a written notification that
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includes—
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(A) the expected dates of the covered water
12
transfer;
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(B) the volume of water to be transferred,
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which may include a range of possible volumes
15
of water that may be transferred;
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(C) a list of known prohibited species that
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are contained in the donor public water supply;
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(D) a certification that the known prohib-
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ited species described in subparagraph (C) are
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present in both the donor public water supply
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and the recipient public water supply; and
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(E) a notice of other known species
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present in the donor public water supply that
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may be of concern to the controlling authority
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•S 773 IS
of the recipient public water supply, including
1
species that are not prohibited by the laws re-
2
ferred to in subsection (b).
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(2) ADDITIONAL NOTIFICATION.—In addition to
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the notification required under paragraph (1), the
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controlling authority of the donor public water sup-
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ply shall provide to the controlling authority of the
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recipient public water supply a notification described
8
in that paragraph if the controlling authority of the
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donor public water supply discovers a new prohibited
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species in the donor public water supply.
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(d) COSTS OF MITIGATION MEASURES.—The costs of
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the mitigation measures described in subparagraph (C) of
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subsection (b)(1) for water subject to a covered water
14
transfer described in that subsection shall be borne by the
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entity that sells the water for financial gain.
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Æ
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