By: Hegar S.B. No. 2008
A BILL TO BE ENTITLED
AN ACT
relating to the consideration by a groundwater conservation
district of groundwater produced from exempt wells in issuing a
permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.113, Water Code, is amended by adding
Subsection (j) to read as follows:
(j) In issuing a permit or permit amendment, a district
operating under an adopted limit on available or managed available
groundwater may consider the amount of groundwater actually
produced by wells in the district that are exempt from the
district's permitting requirements. The amount of groundwater
actually produced from exempt wells:
(1) must be determined on the basis of technically
reliable measurement; and
(2) may not be determined on the basis of any
presumption or statutory limit.
SECTION 2. The change in law made by this Act applies only
to a permit or permit amendment issued by a groundwater
conservation district on or after the effective date of this Act. A
permit or permit amendment issued before the effective date of this
Act is governed by the law in effect on the date the permit or permit
amendment is issued, and that law is continued in effect for that
purpose.
SECTION 3. 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.