Bill Text: TX SB1080 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to a mitigation program and fees for the Lost Pines Groundwater Conservation District.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2023-06-15 - Vetoed by the Governor [SB1080 Detail]
Download: Texas-2023-SB1080-Enrolled.html
S.B. No. 1080 |
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relating to a mitigation program and fees for the Lost Pines | ||
Groundwater Conservation District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 8849, Special District | ||
Local Laws Code, is amended by adding Section 8849.107 to read as | ||
follows: | ||
Sec. 8849.107. MITIGATION PROGRAM. (a) The district | ||
shall, by rule adopted in accordance with Section 36.101, Water | ||
Code, establish a mitigation program to address excessive drawdown | ||
of an aquifer or subdivision of an aquifer in the district that | ||
results in: | ||
(1) the potentiometric surface being below a desired | ||
future condition; or | ||
(2) nonproductive wells. | ||
(b) In order to provide a balance between the highest | ||
practicable level of groundwater production and the conservation, | ||
preservation, protection, recharge, and prevention of waste of | ||
groundwater and control of subsidence, a mitigation program | ||
established under this section may provide reimbursement for the | ||
cost of repairing or replacing wells described by Section | ||
36.117(b)(1), Water Code, to access groundwater below the | ||
potentiometric surface of the aquifer or subdivision of an aquifer | ||
that is the subject of the program. | ||
(c) The district shall offer to enter into a reciprocal | ||
agreement with an adjacent groundwater conservation district or a | ||
groundwater conservation district located in Groundwater | ||
Management Area 12 to support a jointly managed mitigation program. | ||
The district may fund the mitigation program with production fees, | ||
export fees, or any other revenue available to the district. | ||
SECTION 2. Section 8849.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8849.151. [ |
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assess production [ |
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36.205(c), Water Code, and export fees under Section 36.122, Water | ||
Code [ |
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(b) The production [ |
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assesses for water for crop or livestock production or other | ||
agricultural uses may not exceed 20 percent of the rate applied to | ||
water for municipal uses. | ||
(c) Production [ |
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(1) $1 for each acre-foot for water used to irrigate | ||
agricultural crops; or | ||
(2) 17 cents for each thousand gallons for water used | ||
for any other purpose. | ||
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SECTION 3. Mitigation payments and fees assessed before the | ||
effective date of this Act are ratified, confirmed, and validated | ||
in all respects. | ||
SECTION 4. 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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1080 passed the Senate on | ||
March 28, 2023, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendments on May 23, 2023, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1080 passed the House, with | ||
amendments, on May 17, 2023, by the following vote: Yeas 142, | ||
Nays 1, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |