By: Hegar S.B. No. 1714
A BILL TO BE ENTITLED
AN ACT
relating to the evidence of beneficial use in the permitting of
groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.001, Water Code is amended by adding
Subsection (30) to read as follows:
(30) "Evidence of beneficial use" means evidence that
is material and relevant to a determination of the amount of
groundwater which will be beneficially used without waste by a
permit applicant. Evidence may be in the form of a demonstration of
a statutory requirement to provide continuous and adequate water
service or a contractual obligation for the use of the water which
can be reasonably performed within months/years of the issuance of
the permit.
SECTION 2. Section 36.119, Water Code is amended by adding
Subsection (i) to read as follows:
(i) A district shall not grant a permit unless the applicant
has provided evidence of beneficial use.
SECTION 3. Section 36.122, Water Code is amended by
amending Subsections (f) and (i) and adding Subsections (r), (s),
and (t) to read as follows:
(f) In reviewing a proposed transfer of groundwater out of
the district, the district shall consider:
(1) the availability of water in the district and in
the proposed receiving area during the period for which the water
supply is requested;
(2) the projected effect of the proposed transfer on
aquifer conditions, depletion, subsidence, or effects on existing
permit holders or other groundwater users within the district; and
(3) the [approved regional water plan and] certified
management plan.
(i) The period specified by Subsection (h) (2) shall be:
(1) at least two [three] years if substantial
construction of a conveyance system has not been initiated
commenced prior to the issuance of the permit; or
(2) at least 30 years if substantial construction of a
conveyance system has been initiated prior to the issuance of the
permit.
(r) If a permit is for the transfer groundwater outside of
the district for municipal use, substantial construction of the
proposed facilities to transport the groundwater shall begin within
two years after the date the permit is issued.
(s) A district shall deny a permit to transfer groundwater
outside of the district for municipal use unless the municipal use
is part of a water supply project which is included in the approved
regional water plan.
(t) A person with a legally defined interest in the
groundwater in a management area has standing to file suit against a
district in the management area to challenge a determination made
by a district, including a permit renewal, that a contract which
forms the basis for the issuance of a transportation permit can be
reasonably performed as written or that substantial construction of
the proposed facilities to transport groundwater has occurred
within the time periods required by this section.
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, 2009.