81R27303 PMO-D
By: Kuempel H.B. No. 4826
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of permits by the Gonzales County
Underground Water Conservation District for certain water supply
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 368, Acts of the 74th Legislature,
Regular Session, 1995, is amended by adding Section 3A to read as
follows:
Sec. 3A. WATER SUPPLY PROJECTS INVOLVING TRANSFERS OF
GROUNDWATER OUTSIDE DISTRICT. (a) In this section:
(1) "Engineering report" means the engineering plans
and specifications provided on or about the project start date that
describe the scope and capacity of the proposed water supply
project.
(2) "Initial permit" means the first of one or more
water supply permits granted by the district for the construction
of a water supply project.
(3) "Project start date" means the earlier of the date
on which:
(A) an application for an initial permit is
submitted to the district for any purpose, including a review for
administrative completeness; or
(B) a plan for a project to transfer groundwater
out of the district is submitted to the district.
(4) "Water supply permit" includes any permit or other
authorization granted by the district related to and required for a
water supply project.
(5) "Water supply project" means a project that
supplies groundwater from one or more wells in the district to a
retail water utility. A water supply project includes any permits,
plans, and engineering reports and specifications required for the
design, construction, testing, and completion of the project during
all phases of the project from obtaining district permission to
drill test wells and construct the conveyance system to the
permitting and completion of all wells necessary to supply the
groundwater needed to meet the design capacity of the completed
conveyance system.
(b) This section applies only to a water supply project:
(1) that is intended to transfer groundwater from one
or more wells in the district to a retail water utility outside the
district; and
(2) for which the supply of groundwater available in
the district on the project start date exceeds the amount of
groundwater specified for transfer by the conveyance system
described in the engineering report.
(c) The rights to which a permit applicant is entitled under
this section accrue on the project start date. For purposes of
determining the project start date, the date an application for a
water supply permit or a plan to transfer groundwater is submitted
to the district is considered to be the date the applicant actually
files the application or plan with the district or deposits the
application or plan with the United States Postal Service by
certified mail addressed to the district's office.
(d) The rules of the district in effect on the project start
date include any order, ordinance, rate, expiration date, limit, or
other properly adopted district requirement in effect on that date.
If a water supply project requires a series of permits, all permits
required for the project are considered to be a single series of
permits, and each application for a permit subsequent to the
initial permit is subject to consideration based solely on the
rules in effect on the project start date.
(e) After the initial application for a water supply permit
in a series is approved, the district shall approve an application
for a subsequent water supply permit in the same series not later
than the 180th day after the date of receiving the application if
the application is administratively complete and in compliance with
the rules of the district in effect as of the project start date.
(f) A water supply permit issued under this section and
required for the continuous operation of the water supply project
for which the permit was issued shall be in effect for the period
required by Section 36.122(i)(2), Water Code, beginning with the
date of issuance of the final permit in the series of permits
required for the project.
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, 2009.