| 1 | 1 | | By: Hegar S.B. No. 2006 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the matters to be taken into consideration by a |
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| 7 | 7 | | groundwater conservation district in determining whether to grant |
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| 8 | 8 | | or deny a permit or permit amendment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 36.113, Water Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsection (j) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) Before granting or denying a permit or permit amendment, |
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| 14 | 14 | | the district shall consider whether: |
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| 15 | 15 | | (1) the application conforms to the requirements |
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| 16 | 16 | | prescribed by this chapter and is accompanied by the prescribed |
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| 17 | 17 | | fees; |
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| 18 | 18 | | (2) the proposed use of water unreasonably affects |
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| 19 | 19 | | existing groundwater and surface water resources or existing permit |
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| 20 | 20 | | holders; |
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| 21 | 21 | | (3) the proposed use of water is a [dedicated to any] |
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| 22 | 22 | | beneficial use; |
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| 23 | 23 | | (4) the proposed use of water is consistent with the |
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| 24 | 24 | | district's approved [certified] water management plan; |
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| 25 | 25 | | (5) if the well will be located in the Hill Country |
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| 26 | 26 | | Priority Groundwater Management Area, the proposed use of water |
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| 27 | 27 | | from the well is wholly or partly to provide water to a pond, lake, |
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| 28 | 28 | | or reservoir to enhance the appearance of the landscape; |
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| 29 | 29 | | (6) the applicant has agreed to avoid waste and |
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| 30 | 30 | | achieve water conservation; and |
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| 31 | 31 | | (7) the applicant has agreed that reasonable diligence |
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| 32 | 32 | | will be used to protect groundwater quality and that the applicant |
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| 33 | 33 | | will follow well plugging guidelines at the time of well closure. |
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| 34 | 34 | | (j) In issuing a permit or permit amendment, a district |
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| 35 | 35 | | operating under an adopted limit on available or managed available |
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| 36 | 36 | | groundwater may consider whether the water supply needs as |
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| 37 | 37 | | determined in the most recent regional water plan can be met. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to a permit or permit amendment issued by a groundwater |
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| 40 | 40 | | conservation district on or after the effective date of this Act. A |
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| 41 | 41 | | permit or permit amendment issued before the effective date of this |
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| 42 | 42 | | Act is governed by the law in effect on the date the permit or permit |
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| 43 | 43 | | amendment is issued, and that law is continued in effect for that |
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| 44 | 44 | | purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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