Bill Text: TX HB4045 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation and permitting of groundwater.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-04-03 - Referred to Natural Resources [HB4045 Detail]
Download: Texas-2017-HB4045-Introduced.html
| By: Cortez | H.B. No. 4045 | |
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| relating to the regulation and permitting of groundwater. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 36, Water Code, is amended by adding new | ||
| Section 36.1133 to read as follows: | ||
| Sec. 36.1133. PERMITS BASED ON CONTIGUOUS SURFACE ACREAGE. | ||
| (a) As used in this section, "Contiguous Surface Acres" means land | ||
| that shares a common boundary or property line. The existence of a | ||
| natural or manmade feature that separates or transects one or more | ||
| tracts of land, including a road, fence, train track, or water | ||
| course, which tract or tracts are owned by the same person or entity | ||
| does not render the acreage noncontiguous. | ||
| (b) A district shall issue permits without notice or | ||
| opportunity for hearing to the owner of a parcel of land that | ||
| contains greater than 1000 contiguous surface acres and is included | ||
| in the territory of two or more groundwater conservation districts. | ||
| (c) a permit issued pursuant to this section shall authorize | ||
| the production of a volume of groundwater on a per acre basis equal | ||
| to the greatest amount of groundwater authorized under permits | ||
| previously issued by the district receiving the permit application | ||
| by calculating the per acre-foot per acre volume authorized | ||
| irrespective of whether the district has adopted rules to limit the | ||
| production of groundwater on a per acre production basis. | ||
| (d) groundwater produced pursuant to a permit issued under | ||
| this section may be applied to any beneficial purpose including | ||
| outside of the boundaries of the district from which it was | ||
| produced. | ||
| (e) Sections 36.113-36.1132, 36.114-36.114, and 36.116 do | ||
| not apply to permits issued pursuant to this section. | ||
| SECTION 2. EFFECTIVE DATE. Except as otherwise provided by | ||
| this Act, this Act takes effect immediately if it receives a vote of | ||
| two-thirds of all the members elected to each house, as provided by | ||
| Section 39, Article III, Texas Constitution. If this Act does not | ||
| receive the vote necessary for immediate effect, this Act takes | ||
| effect September 1, 2017, except as otherwise provided by this Act. | ||
