Bill Text: TX HB4162 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to exports of groundwater from a groundwater conservation district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Natural Resources [HB4162 Detail]
Download: Texas-2017-HB4162-Introduced.html
85R15744 GRM-F | ||
By: Larson | H.B. No. 4162 |
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relating to exports of groundwater from a groundwater conservation | ||
district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.113(d), Water Code, is amended to | ||
read as follows: | ||
(d) This subsection does not apply to the renewal of an | ||
operating permit issued under Section 36.1145. Before granting or | ||
denying a permit, or a permit amendment issued in accordance with | ||
Section 36.1146, 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 projected effect of the proposed production | ||
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subsidence, 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. | ||
SECTION 2. The heading to Section 36.122, Water Code, is | ||
amended to read as follows: | ||
Sec. 36.122. EXPORT [ |
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DISTRICT. | ||
SECTION 3. Section 36.122, Water Code, is amended by | ||
amending Subsections (a), (b), (c), and (d) and adding Subsections | ||
(f-1) and (f-2) to read as follows: | ||
(a) This section applies to [ |
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or an amendment to a permit under Section 36.113 that proposes the | ||
export [ |
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boundaries[ |
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(b) A district may promulgate rules requiring a person to | ||
obtain an operating [ |
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permit under Section 36.113 from the district to produce and export | ||
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separate permit for the export of groundwater for use outside [ |
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of the district [ |
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(c) Except as provided in Subsection (e) [ |
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requirements or permit conditions on exporters [ |
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the district imposes on [ |
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may not deny a permit because the applicant intends to export | ||
groundwater for use outside of the district. | ||
(d) The district may impose a reasonable fee for processing | ||
an application under this section. The fee may not exceed fees that | ||
the district imposes for processing other applications under | ||
Section 36.113. An application filed under [ |
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section shall be considered and processed under the same procedures | ||
as other applications for permits under Section 36.113 [ |
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(f-1) A term for a permit issued under this section that | ||
existed on May 29, 2017, shall automatically be extended on or | ||
before its expiration: | ||
(1) to a term that is not shorter than the term of an | ||
operating permit for the production of water to be exported that is | ||
in effect at the time of the extension; and | ||
(2) for each additional term for which that operating | ||
permit for production is renewed under Section 36.1145 or remains | ||
in effect under Section 36.1146. | ||
(f-2) A term automatically extended under Subsection (f-1) | ||
continues to be subject to conditions contained in the permit as | ||
issued before the automatic extension. | ||
SECTION 4. Sections 36.122(f), (g), (h), (i), (j), (k), | ||
(l), (m), (n), (o), (p), and (q), Water Code, are repealed. | ||
SECTION 5. (a) A permit to export groundwater approved by a | ||
groundwater conservation district before the effective date of this | ||
Act is validated and confirmed in all respects. This subsection | ||
does not apply to a permit to export groundwater that is subject to | ||
litigation: | ||
(1) that is pending on the effective date of this Act; | ||
or | ||
(2) that results in final judgment that may not be | ||
appealed that the permit is invalid. | ||
(b) An administratively complete permit application to | ||
export groundwater received by a groundwater conservation district | ||
before the effective date of this Act is governed by the law in | ||
effect when the application became administratively complete. The | ||
former law is continued for the purpose of processing an | ||
application received before the effective date of this Act. | ||
SECTION 6. 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. |