| 1 | 1 | | 81R27290 TRH-F |
|---|
| 2 | 2 | | By: Hilderbran H.B. No. 4258 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 4258: |
|---|
| 4 | 4 | | By: Frost C.S.H.B. No. 4258 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the regulation by groundwater conservation districts of |
|---|
| 10 | 10 | | the drilling of and the production of groundwater by certain water |
|---|
| 11 | 11 | | wells. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 36.116(e), Water Code, is amended to |
|---|
| 14 | 14 | | read as follows: |
|---|
| 15 | 15 | | (e) In regulating the production of groundwater under |
|---|
| 16 | 16 | | Subsection (a)(2), a district: |
|---|
| 17 | 17 | | (1) shall select a method that is appropriate based on |
|---|
| 18 | 18 | | the hydrogeological conditions of the aquifer or aquifers in the |
|---|
| 19 | 19 | | district; [and] |
|---|
| 20 | 20 | | (2) shall consider any existing water rights held by |
|---|
| 21 | 21 | | an applicant for or holder of a permit; and |
|---|
| 22 | 22 | | (3) may limit the amount of water produced based on |
|---|
| 23 | 23 | | contiguous surface acreage. |
|---|
| 24 | 24 | | SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
|---|
| 25 | 25 | | by adding Section 36.1165 to read as follows: |
|---|
| 26 | 26 | | Sec. 36.1165. RESTRICTION ON DRILLING OF WELLS NEAR CERTAIN |
|---|
| 27 | 27 | | RIVERS AND THEIR TRIBUTARIES. A person may not drill a well in the |
|---|
| 28 | 28 | | portion of the territory of a district that is located within 100 |
|---|
| 29 | 29 | | feet of the gradient boundary of the Frio, North Llano, South Llano, |
|---|
| 30 | 30 | | Llano, West Nueces, Nueces, or San Saba River, or any tributary of |
|---|
| 31 | 31 | | one of those rivers that is a perennial stream, unless the well is: |
|---|
| 32 | 32 | | (1) exempt from the permitting requirements of Section |
|---|
| 33 | 33 | | 36.117(b)(1); and |
|---|
| 34 | 34 | | (2) drilled, completed, or equipped so that it is |
|---|
| 35 | 35 | | incapable of producing more than: |
|---|
| 36 | 36 | | (A) 10 gallons of groundwater per minute; or |
|---|
| 37 | 37 | | (B) 16 acre-feet of groundwater per year. |
|---|
| 38 | 38 | | SECTION 3. The changes in law made by Section 36.1165, Water |
|---|
| 39 | 39 | | Code, as added by this Act, apply only to a well for which drilling |
|---|
| 40 | 40 | | is commenced on or after the effective date of this Act. A well for |
|---|
| 41 | 41 | | which drilling is commenced before the effective date of this Act is |
|---|
| 42 | 42 | | subject to the law in effect on the date drilling is commenced, and |
|---|
| 43 | 43 | | that law is continued in effect for that purpose. |
|---|
| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 48 | 48 | | Act takes effect September 1, 2009. |
|---|