87R7719 ANG-F
 
  By: Eckhardt S.B. No. 946
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criteria considered by groundwater conservation
  districts before granting or denying a permit.
         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 proposed use of water unreasonably affects:
                     (A)  existing groundwater and surface water
  resources; [or]
                     (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 2.  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, 2021.