Bill Text: TX HB3540 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the groundwater rights of a landowner and the amount of groundwater production for which a groundwater conservation district may issue permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-18 - Referred to Natural Resources [HB3540 Detail]
Download: Texas-2015-HB3540-Introduced.html
84R9548 SGA-F | ||
By: White of Bell | H.B. No. 3540 |
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relating to the groundwater rights of a landowner and the amount of | ||
groundwater production for which a groundwater conservation | ||
district may issue permits. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1165 to read as follows: | ||
Sec. 36.1165. LIMITS ON REGULATION OF PRODUCTION. (a) In | ||
this section: | ||
(1) "Landowner" means any person who is entitled to | ||
the rights recognized under Section 36.002 and includes the | ||
landowner's lessees, heirs, or assigns. | ||
(2) "Reduced capacity well" means a well described by | ||
Subsection (b). | ||
(b) This section applies only to a well located in a | ||
district and for which the landowner on whose land the well is | ||
located has proof that: | ||
(1) the well's maximum annual groundwater production | ||
capacity has been reduced from a capacity recorded for that well | ||
before September 1, 2015; and | ||
(2) the reduction in the well's capacity is caused by a | ||
reduced amount of available groundwater in the applicable aquifer | ||
or subdivision of the aquifer used by the well as a result of the | ||
aggregate withdrawals of groundwater from that aquifer or aquifer | ||
subdivision by wells for which permits have been issued. | ||
(c) For any area in a district that has one or more reduced | ||
capacity wells, the district and any other districts that have | ||
regulatory authority over production from the applicable aquifer or | ||
aquifer subdivision shall: | ||
(1) revise if necessary the most recently adopted | ||
desired future conditions for that aquifer or aquifer subdivision; | ||
and | ||
(2) establish a common production rate per acre for | ||
permitted wells drawing from that aquifer or aquifer subdivision | ||
throughout the groundwater management area as necessary to prevent | ||
further reduction in the production capability of the reduced | ||
capacity well or wells. | ||
(d) A district that has one or more reduced capacity wells | ||
shall reduce the permitted amount of groundwater production from a | ||
well in the district to an amount allowed by applying a common | ||
production rate per acre as authorized by district rule to all | ||
permitted wells that withdraw groundwater from the applicable | ||
aquifer or aquifer subdivision. | ||
(e) Notwithstanding the timetable for the adoption of | ||
desired future conditions prescribed by Section 36.108(d), a | ||
district that is required to revise the district's desired future | ||
conditions under Subsection (c) may do so at any time, provided that | ||
the district notifies the other districts in the applicable | ||
groundwater management area of the need for the revision and calls | ||
for a joint meeting of the groundwater management area districts to | ||
consider the revision as provided by Section 36.108. | ||
(f) If a district's desired future conditions for an aquifer | ||
or aquifer subdivision are revised under this section, the | ||
district: | ||
(1) may revise as necessary: | ||
(A) the district's management plan; and | ||
(B) district rules; | ||
(2) shall revise individual permits issued by the | ||
district in accordance with this section; | ||
(3) shall, if necessary, submit the district's revised | ||
management plan to the executive administrator for approval as | ||
required by Section 36.1073; and | ||
(4) shall request that the executive administrator: | ||
(A) conduct any surveys or studies necessary to | ||
determine a revised modeled available groundwater for the | ||
particular subdivision of the aquifer; and | ||
(B) provide the modeled available groundwater to | ||
the district or districts affected as required by Section 36.1084. | ||
SECTION 2. This Act takes effect September 1, 2015. |