Bill Text: TX HB1856 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the renewal or amendment of certain permits issued by groundwater conservation districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-11 - Referred to Natural Resources [HB1856 Detail]
Download: Texas-2015-HB1856-Introduced.html
84R8772 SLB-F | ||
By: Isaac | H.B. No. 1856 |
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relating to the renewal or amendment of certain permits issued by | ||
groundwater conservation districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.001, Water Code, is amended by adding | ||
Subdivision (31) to read as follows: | ||
(31) "Operating permit" means any permit issued by the | ||
district for the operation of or production from a well, including a | ||
permit to drill or complete a well if the district does not require | ||
a separate permit for the drilling or completion of a well. | ||
SECTION 2. Sections 36.113(d) and (f), Water Code, are | ||
amended to read as follows: | ||
(d) Except as provided by Sections 36.1145 and 36.1146, | ||
before [ |
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the district shall consider whether: | ||
(1) the application conforms to the requirements | ||
prescribed by this chapter and is accompanied by the prescribed | ||
fees; | ||
(2) the proposed use of water unreasonably affects | ||
existing groundwater and surface water resources or existing permit | ||
holders; | ||
(3) the proposed use of water is dedicated to any | ||
beneficial use; | ||
(4) the proposed use of water is consistent with the | ||
district's approved management plan; | ||
(5) if the well will be located in the Hill Country | ||
Priority Groundwater Management Area, the proposed use of water | ||
from the well is wholly or partly to provide water to a pond, lake, | ||
or reservoir to enhance the appearance of the landscape; | ||
(6) the applicant has agreed to avoid waste and | ||
achieve water conservation; and | ||
(7) the applicant has agreed that reasonable diligence | ||
will be used to protect groundwater quality and that the applicant | ||
will follow well plugging guidelines at the time of well closure. | ||
(f) Except as provided by Sections 36.1145 and 36.1146, | ||
permits [ |
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the rules promulgated by the district and subject to terms and | ||
provisions with reference to the drilling, equipping, completion, | ||
alteration, or operation of, or production of groundwater from, | ||
wells or pumps that may be necessary to prevent waste and achieve | ||
water conservation, minimize as far as practicable the drawdown of | ||
the water table or the reduction of artesian pressure, lessen | ||
interference between wells, or control and prevent subsidence. | ||
SECTION 3. Sections 36.114(b) and (c), Water Code, are | ||
amended to read as follows: | ||
(b) For each activity for which the district determines a | ||
permit or permit amendment is required under Subsection (a), and | ||
that is not exempt from a hearing requirement under Section | ||
36.1145, the district by rule shall determine whether a hearing on | ||
the permit or permit amendment application is required. | ||
(c) For all applications for which a hearing is not required | ||
under Subsection (b) or Section 36.1145, the board shall act on the | ||
application at a meeting, as defined by Section 551.001, Government | ||
Code, unless the board by rule has delegated to the general manager | ||
the authority to act on the application. | ||
SECTION 4. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Sections 36.1145 and 36.1146 to read as follows: | ||
Sec. 36.1145. OPERATING PERMIT RENEWAL. (a) Except as | ||
provided by Subsection (b), a district shall without a hearing | ||
renew or approve an application to renew an operating permit before | ||
the date on which the permit expires, provided that: | ||
(1) the application, if required by the district, is | ||
submitted in a timely manner and accompanied by any required fees in | ||
accordance with district rules; and | ||
(2) the permit holder is not requesting a change | ||
related to the renewal that would require a permit amendment under | ||
district rules. | ||
(b) A district is not required to renew a permit under this | ||
section if the applicant: | ||
(1) is delinquent in paying a fee required by the | ||
district; | ||
(2) is subject to a pending enforcement action for a | ||
substantive violation of a district permit, order, or rule that has | ||
not been settled by agreement with the district or a final | ||
adjudication; or | ||
(3) has not paid a civil penalty or has otherwise | ||
failed to comply with an order resulting from a final adjudication | ||
of a violation of a district permit, order, or rule. | ||
(c) If a district is not required to renew a permit under | ||
Subsection (b)(2), the permit remains in effect until the final | ||
settlement or adjudication on the matter of the substantive | ||
violation. | ||
Sec. 36.1146. CHANGE IN OPERATING PERMITS. (a) If the | ||
holder of an operating permit, in connection with the renewal of a | ||
permit or otherwise, requests a change to the permit that requires | ||
an amendment to the permit under district rules, the original | ||
permit remains in effect until the later of: | ||
(1) the conclusion of the permit amendment or renewal | ||
process, as applicable; or | ||
(2) final settlement or adjudication on the matter of | ||
whether the change to the permit requires a permit amendment. | ||
(b) If the permit amendment process results in the denial of | ||
an amendment, the original permit as it existed before the permit | ||
amendment process shall be renewed under Section 36.1145 without | ||
penalty, unless Subsection (b) of that section applies to the | ||
applicant. | ||
(c) A district may initiate an amendment to an operating | ||
permit, in connection with the renewal of a permit or otherwise, in | ||
order to achieve a purpose of this chapter. If a district initiates | ||
an amendment to an operating permit, the original permit shall | ||
remain in effect until the conclusion of the permit amendment or | ||
renewal process, as applicable. | ||
SECTION 5. Section 36.402, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.402. APPLICABILITY. Except as provided by Section | ||
36.416, this subchapter applies to the notice and hearing process | ||
used by a district for permit and permit amendment applications for | ||
which a hearing is required. | ||
SECTION 6. As soon as practicable after the effective date | ||
of this Act, groundwater conservation districts shall adopt rules | ||
to implement the changes in law made by this Act. | ||
SECTION 7. Sections 36.1145 and 36.1146, Water Code, as | ||
added by this Act, apply only to a permit renewal initiated by a | ||
groundwater conservation district or a permit holder on or after | ||
the effective date of this Act. A permit renewal initiated before | ||
that date is governed by the law in effect on the date the permit | ||
renewal was initiated, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 8. This Act takes effect September 1, 2015. |