| 1 | 1 | | By: Hegar S.B. No. 2008 |
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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 consideration by a groundwater conservation |
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| 7 | 7 | | district of groundwater produced from exempt wells in issuing a |
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| 8 | 8 | | permit. |
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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 adding |
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| 11 | 11 | | Subsection (j) to read as follows: |
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| 12 | 12 | | (j) In issuing a permit or permit amendment, a district |
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| 13 | 13 | | operating under an adopted limit on available or managed available |
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| 14 | 14 | | groundwater may consider the amount of groundwater actually |
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| 15 | 15 | | produced by wells in the district that are exempt from the |
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| 16 | 16 | | district's permitting requirements. The amount of groundwater |
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| 17 | 17 | | actually produced from exempt wells: |
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| 18 | 18 | | (1) must be determined on the basis of technically |
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| 19 | 19 | | reliable measurement; and |
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| 20 | 20 | | (2) may not be determined on the basis of any |
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| 21 | 21 | | presumption or statutory limit. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to a permit or permit amendment issued by a groundwater |
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| 24 | 24 | | conservation district on or after the effective date of this Act. A |
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| 25 | 25 | | permit or permit amendment issued before the effective date of this |
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| 26 | 26 | | Act is governed by the law in effect on the date the permit or permit |
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| 27 | 27 | | amendment is issued, and that law is continued in effect for that |
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| 28 | 28 | | purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2009. |
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