Bill Text: TX SB156 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the regulation and management of the use of groundwater and regulation of groundwater conservation districts.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB156 Detail]
Download: Texas-2023-SB156-Comm_Sub.html
88R30677 LRM-F | ||
By: Perry, et al. | S.B. No. 156 | |
(King of Uvalde) | ||
Substitute the following for S.B. No. 156: No. |
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relating to the regulation and management of the use of groundwater | ||
and regulation of groundwater conservation districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 7.142(a) and (b), Water Code, are | ||
amended to read as follows: | ||
(a) A person commits an offense if the person violates: | ||
(1) Section 11.081; | ||
(2) Section 11.083; | ||
(3) Section 11.084; | ||
(4) Section 11.087; | ||
(5) Section 11.088; | ||
(6) Section 11.089; | ||
(7) Section 11.090; | ||
(8) Section 11.091; | ||
(9) Section 11.092; | ||
(10) Section 11.093; | ||
(11) Section 11.094; | ||
(12) Section 11.096; or | ||
(13) [ |
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(b) An offense under Subsection (a)(9), (a)(10), or (a)(13) | ||
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SECTION 2. Subchapter F, Chapter 11, Water Code, is amended | ||
by adding Section 11.2011 to read as follows: | ||
Sec. 11.2011. APPLICABILITY. This subchapter, other than | ||
Sections 11.202(c) and 11.206, applies only to an artesian well | ||
drilled outside the boundaries of a groundwater conservation | ||
district, subsidence district, or other conservation and | ||
reclamation district with the authority to regulate the drilling, | ||
spacing, or production of water wells. | ||
SECTION 3. Section 36.001, Water Code, is amended by adding | ||
Subdivisions (2-a) and (32) and amending Subdivisions (8) and (9) | ||
to read as follows: | ||
(2-a) "Conservation" means the practice of reducing | ||
the consumption of water, reducing the loss or waste of water, | ||
improving the efficiency in the use of water, or increasing the | ||
recycling and reuse of water so that a water supply is made | ||
available for future or alternative uses. | ||
(8) "Waste" means any one or more of the following: | ||
(A) withdrawal of groundwater from a groundwater | ||
reservoir at a rate and in an amount that causes or threatens to | ||
cause intrusion into the reservoir of water unsuitable for | ||
agricultural, gardening, domestic, or stock raising purposes; | ||
(B) the flowing or producing of wells from a | ||
groundwater reservoir if the water produced is not used for a | ||
beneficial purpose; | ||
(C) escape of groundwater from a groundwater | ||
reservoir to any other reservoir or geologic strata that does not | ||
contain groundwater; | ||
(D) pollution or harmful alteration of | ||
groundwater in a groundwater reservoir by saltwater or by other | ||
deleterious matter admitted from another stratum or from the | ||
surface of the ground; | ||
(E) willfully or negligently causing, suffering, | ||
or allowing groundwater to escape into any river, creek, natural | ||
watercourse, depression, lake, reservoir, drain, sewer, street, | ||
highway, road, or road ditch, or onto any land other than that of | ||
the owner of the well unless such discharge is authorized by permit, | ||
rule, or order issued by the commission under Chapter 26; | ||
(F) groundwater pumped for irrigation that | ||
escapes as irrigation tailwater onto land other than that of the | ||
owner of the well unless permission has been granted by the occupant | ||
of the land receiving the discharge; [ |
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(G) the production or use of groundwater in an | ||
amount that exceeds the amount reasonably necessary for the purpose | ||
for which the groundwater is needed, not including the production | ||
or use of groundwater for agricultural irrigation as necessary to | ||
comply with federal crop insurance standards and guidelines; or | ||
(H) drilling, completing, maintaining, or | ||
operating a well that is not in compliance with the requirements of | ||
Chapter 1901, Occupations Code, or applicable rules adopted under | ||
that chapter [ |
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(9) "Use for a beneficial purpose" means the | ||
nonwasteful use of groundwater for: | ||
(A) agricultural, gardening, domestic, stock | ||
raising, municipal, mining, manufacturing, industrial, commercial, | ||
recreational, or pleasure purposes; | ||
(B) exploring for, producing, handling, or | ||
treating oil, gas, sulphur, or other minerals; or | ||
(C) any other purpose that is useful and | ||
beneficial to the user. | ||
(32) "Modeled sustained groundwater pumping" means | ||
the maximum amount of groundwater that the executive administrator, | ||
using the best available science, determines may be produced | ||
annually in perpetuity from an aquifer. | ||
SECTION 4. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1025 to read as follows: | ||
Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with | ||
a real property interest in groundwater may petition the district | ||
where the property that gives rise to the real property interest is | ||
located to adopt a rule or modify a rule adopted under this chapter. | ||
(b) The district by rule shall prescribe the form for a | ||
petition submitted under this section and the procedure for the | ||
submission, consideration, and disposition of the petition. | ||
(c) Not later than the 90th day after the date the district | ||
receives the petition, the district shall: | ||
(1) deny the petition and provide an explanation for | ||
the denial; or | ||
(2) engage in rulemaking consistent with the granted | ||
petition. | ||
(d) Nothing in this section may be construed to create a | ||
private cause of action for a decision to accept or deny a petition | ||
filed under this section. | ||
SECTION 5. Section 36.1071, Water Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1) and (b-2) to | ||
read as follows: | ||
(b) The management plan, or any amendments to the plan, | ||
shall: | ||
(1) be developed using the district's best available | ||
data and forwarded to the regional water planning group for use in | ||
their planning process; and | ||
(2) include the: | ||
(A) most recently approved desired future | ||
conditions adopted under Section 36.108; and | ||
(B) amount of modeled available groundwater | ||
corresponding to the most recently approved desired future | ||
conditions. | ||
(b-1) A district shall amend a management plan before the | ||
second anniversary of the adoption of desired future conditions | ||
included under Subsection (b). | ||
(b-2) If a petition challenging the reasonableness of a | ||
desired future condition is filed under Section 36.1083(b), the | ||
executive administrator shall consider the management plan | ||
administratively complete if the district includes: | ||
(1) the most recently approved desired future | ||
conditions adopted under Section 36.108; | ||
(2) the amount of modeled available groundwater | ||
corresponding to the desired future conditions; | ||
(3) a statement of the status of the petition | ||
challenging the reasonableness of a desired future condition; and | ||
(4) the information required by Subsections (a) and | ||
(e). | ||
SECTION 6. Section 36.108, Water Code, is amended by | ||
amending Subsection (d) and adding Subsection (d-5) to read as | ||
follows: | ||
(d) Not later than May 1, 2021, and every five years | ||
thereafter, the districts shall consider groundwater availability | ||
models and other data or information for the management area and | ||
shall propose for adoption desired future conditions for the | ||
relevant aquifers within the management area. Before voting on the | ||
proposed desired future conditions of the aquifers under Subsection | ||
(d-2), the districts shall consider: | ||
(1) aquifer uses or conditions within the management | ||
area, including conditions that differ substantially from one | ||
geographic area to another; | ||
(2) the water supply needs and water management | ||
strategies included in the state water plan; | ||
(3) hydrological conditions[ |
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aquifer in the management area, including: | ||
(A) the total estimated recoverable storage; [ |
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(B) the average annual recharge, inflows, and | ||
discharge; and | ||
(C) if calculated by the executive | ||
administrator, the modeled sustained groundwater pumping; | ||
(4) other environmental impacts, including impacts on | ||
spring flow and other interactions between groundwater and surface | ||
water; | ||
(5) the impact on subsidence; | ||
(6) socioeconomic impacts reasonably expected to | ||
occur; | ||
(7) the impact on the interests and rights in private | ||
property, including ownership and the rights of management area | ||
landowners and their lessees and assigns in groundwater as | ||
recognized under Section 36.002; | ||
(8) the feasibility of achieving the desired future | ||
condition; and | ||
(9) any other information relevant to the specific | ||
desired future conditions. | ||
(d-5) Notwithstanding Subsection (d)(3), the executive | ||
administrator may not calculate the modeled sustained groundwater | ||
pumping for an aquifer or an aquifer that wholly or partly underlies | ||
an aquifer with a recharge rate such that an owner of land that | ||
overlies the aquifer qualifies or has previously qualified under | ||
federal tax law for a cost depletion deduction for the groundwater | ||
withdrawn from the aquifer for irrigation purposes. | ||
SECTION 7. 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 proposed use of water unreasonably affects: | ||
(A) existing groundwater and surface water | ||
resources; [ |
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(B) existing permit holders; or | ||
(C) wells that are exempt from the requirement to | ||
obtain a permit under this chapter or district rules; | ||
(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 8. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1141 to read as follows: | ||
Sec. 36.1141. NOTICE REQUIRED FOR APPLICATION FOR PERMIT OR | ||
PERMIT AMENDMENT. (a) Except as provided by Subsection (b), a | ||
district that has adopted rules regulating the spacing of wells | ||
under Section 36.116(a)(1) to require wells to be spaced a certain | ||
distance from other wells shall adopt rules requiring that notice | ||
of an application for a permit or permit amendment to drill a well | ||
or increase the production capacity of an existing well be provided | ||
to each landowner whose: | ||
(1) land is located wholly or partly within the | ||
spacing distances from other wells under the spacing rules of the | ||
district; and | ||
(2) right to obtain a permit or permit amendment for a | ||
well of a certain size or location under the spacing rules of the | ||
district will be affected if the district approves the application. | ||
(b) Notice is not required under Subsection (a): | ||
(1) for a replacement well to be drilled at or near the | ||
location of the well which it is intended to replace that has an | ||
equal or lesser production capacity than the well which it is | ||
intended to replace as determined by the rules of the district; | ||
(2) for an emergency well necessary to mitigate a loss | ||
of production capacity of an existing well as determined by the | ||
rules of the district; | ||
(3) if the notice is to be provided to the lessors of | ||
the right to produce groundwater from a property where the | ||
applicant for the permit or permit amendment is the lessee; or | ||
(4) if the district: | ||
(A) posts in a place readily accessible to the | ||
public at the district's main office a list of the applications | ||
described by Subsection (a) that includes the name of the applicant | ||
and address or approximate location of the well or proposed well; | ||
and | ||
(B) posts on the home page of the district's | ||
Internet website, if the district operates an Internet website: | ||
(i) a list described by Paragraph (A); or | ||
(ii) a link to a web application that | ||
includes the information included on a list described by Paragraph | ||
(A). | ||
SECTION 9. Section 36.122, Water Code, is amended by | ||
amending Subsections (e) and (p) and adding Subsections (e-1), | ||
(e-2), and (e-3) to read as follows: | ||
(e) Except as provided by Subsection (e-1), the [ |
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district may impose an export fee or surcharge using one of the | ||
following methods: | ||
(1) a fee negotiated between the district and the | ||
exporter; | ||
(2) for a tax-based district, a rate not to exceed 20 | ||
cents [ |
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from the district [ |
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(3) for a fee-based district, a rate not to exceed the | ||
greater of 20 cents for each thousand gallons or a 50 percent | ||
surcharge, in addition to the district's production fee, for water | ||
exported from the district. | ||
(e-1) Effective January 1, 2024, the maximum allowable rate | ||
a district may impose for an export fee or surcharge under | ||
Subsection (e)(2) or (e)(3) increases by three percent each | ||
calendar year. | ||
(e-2) A district governed by a special law in regard to an | ||
export fee or surcharge on water exported from the district may | ||
charge an export fee or surcharge in accordance with that special | ||
law or in accordance with Subsections (e) and (e-1). | ||
(e-3) An export fee or surcharge imposed under Subsection | ||
(e) or an increase in an imposed export fee or surcharge is not | ||
valid unless it is approved by the board after a public hearing. | ||
(p) Subsections [ |
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surcharge on March 1, 2001. | ||
SECTION 10. Section 36.207, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.207. USE OF FEES. A district may use funds obtained | ||
from administrative, production, or export fees collected under a | ||
special law governing the district or this chapter for any purpose | ||
consistent with the district's approved management plan, | ||
including, without limitation, making grants, loans, or | ||
contractual payments to achieve, facilitate, or expedite | ||
reductions in groundwater pumping or the development or | ||
distribution of alternative water supplies or to maintain the | ||
operability of wells significantly affected by groundwater | ||
development to allow for the highest practicable level of | ||
groundwater production while achieving the desired future | ||
conditions established under Section 36.108. | ||
SECTION 11. Section 36.3011, Water Code, is amended by | ||
amending Subsection (d) and adding Subsections (d-1), (d-2), (d-3), | ||
(e-1), (e-2), and (e-3) to read as follows: | ||
(d) If the petition is not dismissed under Subsection (c), | ||
the commission shall appoint a review panel consisting of a | ||
chairperson and four other members. A director or general manager | ||
of a district located outside the management area that is the | ||
subject of the petition may be appointed to the review panel. The | ||
commission may not appoint more than two members of the review panel | ||
from any one district. The commission also shall appoint a | ||
disinterested person to serve as a nonvoting recording secretary | ||
for the review panel. The recording secretary shall [ |
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employee of the commission. The recording secretary shall record | ||
and document the proceedings of the panel. | ||
(d-1) A review panel established under Subsection (d) is an | ||
advisory body to the commission and not a governmental body under | ||
Chapter 551 or 552, Government Code. | ||
(d-2) The commission shall reimburse a member appointed to | ||
the review panel for actual expenses incurred while engaging in | ||
activities on behalf of the review panel. To be eligible for | ||
reimbursement, the member must file with the executive director a | ||
verified statement, including any relevant receipts, describing | ||
the expenses incurred. A member appointed to the review panel is | ||
not entitled to a fee of office or other compensation for serving on | ||
the review panel. | ||
(d-3) The records and documents of the recording secretary | ||
of the proceedings of the review panel must be provided to the | ||
executive director and are public information under Chapter 552, | ||
Government Code. | ||
(e-1) Not later than the seventh day before the date of a | ||
public meeting or public hearing of the review panel under | ||
Subsection (e), the executive director shall provide notice of any | ||
public meeting or public hearing the review panel is directed to | ||
conduct by: | ||
(1) posting notice on the commission's Internet | ||
website; and | ||
(2) regular mail to: | ||
(A) the district that is the subject of the | ||
petition; | ||
(B) the petitioner; and | ||
(C) the county clerk of each county in the | ||
district that is the subject of the petition. | ||
(e-2) The commission or the review panel may submit a | ||
written request to the executive administrator for assistance on a | ||
technical issue related to the petition. The executive | ||
administrator shall provide the technical assistance not later than | ||
the 120th day after the date the executive administrator receives | ||
the request. A deadline under Subsection (c), (e), or (h) is | ||
extended by 120 days if a request for technical assistance is | ||
submitted to the executive administrator during a review phase | ||
under that subsection. | ||
(e-3) On request from a member of the review panel, the | ||
office of public interest counsel of the commission shall provide | ||
legal advice and assistance to the review panel. Notwithstanding | ||
Section 5.273, the office of public interest counsel: | ||
(1) may not participate as a party in an inquiry under | ||
this section; and | ||
(2) has no duty or responsibility to represent the | ||
public interest or otherwise in an inquiry except as provided by | ||
this subsection. | ||
SECTION 12. The following provisions of the Water Code are | ||
repealed: | ||
(1) Sections 11.202(d) and (e); | ||
(2) Section 11.203; | ||
(3) Section 11.204; and | ||
(4) Section 11.207. | ||
SECTION 13. Not later than December 1, 2023, a groundwater | ||
conservation district shall adopt rules to implement Section | ||
36.1025, Water Code, as added by this Act. | ||
SECTION 14. The changes in law made by this Act applicable | ||
to a petition filed under Section 36.1083, Water Code, apply only to | ||
a petition filed under that section on or after the effective date | ||
of this Act. A petition filed before the effective date of this Act | ||
is governed by the law in effect on the date the hearing was | ||
conducted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 15. Section 36.1141, Water Code, as added by this | ||
Act, applies only to an application for a permit or permit amendment | ||
submitted on or after the effective date of this Act. An application | ||
submitted before the effective date of this Act is subject to the | ||
law in effect on the date the application is submitted, and that law | ||
is continued in effect for that purpose. | ||
SECTION 16. Section 36.3011, Water Code, as amended by this | ||
Act, applies only to a petition requesting an inquiry regarding the | ||
duties of a groundwater conservation district filed with the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of this Act. A petition filed with the Texas Commission on | ||
Environmental Quality before the effective date of this Act is | ||
governed by the law in effect on the date the petition was filed, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 17. This Act takes effect September 1, 2023. |