83R7702 SLB-F
By: Isaac H.B. No. 1796
A BILL TO BE ENTITLED
AN ACT
relating to the renewal or amendment of permits issued by
groundwater conservation districts; providing authority to impose
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 36.113(d) and (f), Water Code, are
amended to read as follows:
(d) Except as provided by Sections 36.1145, 36.1146, and
36.1147, before [Before] granting or denying a permit or permit
amendment, the district shall consider whether:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fees;
(2) the proposed use of water unreasonably affects
existing groundwater and surface water resources or existing permit
holders;
(3) the proposed use of water is dedicated to any
beneficial use;
(4) the proposed use of water is consistent with the
district's approved management plan;
(5) if the well will be located in the Hill Country
Priority Groundwater Management Area, the proposed use of water
from the well is wholly or partly to provide water to a pond, lake,
or reservoir to enhance the appearance of the landscape;
(6) the applicant has agreed to avoid waste and
achieve water conservation; and
(7) the applicant has agreed that reasonable diligence
will be used to protect groundwater quality and that the applicant
will follow well plugging guidelines at the time of well closure.
(f) Except as provided by Sections 36.1145, 36.1146, and
36.1147, permits [Permits] and permit amendments may be issued
subject to the rules promulgated by the district and subject to
terms and provisions with reference to the drilling, equipping,
completion, alteration, or operation of, or production of
groundwater from, wells or pumps that may be necessary to prevent
waste and achieve water conservation, minimize as far as
practicable the drawdown of the water table or the reduction of
artesian pressure, lessen interference between wells, or control
and prevent subsidence.
SECTION 2. Sections 36.114(b) and (c), Water Code, are
amended to read as follows:
(b) For each activity for which the district determines a
permit or permit amendment is required under Subsection (a), and
that is not exempt from a hearing requirement under Section 36.1145
or 36.1146, the district by rule shall determine whether a hearing
on the permit or permit amendment application is required.
(c) For all applications for which a hearing is not required
under Subsection (b), Section 36.1145, or Section 36.1146, the
board shall act on the application at a meeting, as defined by
Section 551.001, Government Code, unless the board by rule has
delegated to the general manager the authority to act on the
application.
SECTION 3. Subchapter D, Chapter 36, Water Code, is amended
by adding Sections 36.1145, 36.1146, and 36.1147 to read as
follows:
Sec. 36.1145. PERMIT RENEWAL. (a) Except as provided by
Subsection (b), a district shall renew a permit without a hearing
before the date on which the permit expires, provided that:
(1) the application to renew the permit is for the same
point of groundwater withdrawal, place of using the water, and
purpose of using the water; and
(2) the amount of groundwater to be withdrawn from the
well is not more than the amount allowed by the permit the applicant
seeks to renew.
(b) A district is not required to renew a permit or consider
a permit amendment application if the applicant:
(1) fails to pay a fee required by the district;
(2) has committed a violation of a district permit or
rule that has not been settled by agreement with the district or a
final adjudication; or
(3) has not paid a civil penalty resulting from a final
adjudication of a violation of a permit or rule.
Sec. 36.1146. PERMIT AMENDMENT; NO HEARING REQUIRED. A
district may not require a hearing for a well permit amendment
application that does not change the permitted:
(1) point of groundwater withdrawal;
(2) place of using the water;
(3) purpose of using the water; or
(4) rate or amount of groundwater withdrawals from the
well.
Sec. 36.1147. PERMIT AMENDMENT REQUIRED BY CHANGE IN
CONDITIONS. (a) After notice and hearing conducted in accordance
with Subchapter M, a district may amend an operating permit to
adjust the rate or amount of permitted groundwater withdrawals only
to:
(1) respond to:
(A) drought conditions;
(B) a significant change in the aquifer
condition; or
(C) a significant change in groundwater
availability arising from a change in the district's management
plan designed to meet a desired future condition; or
(2) comply with an order of the commission.
(b) A district may not amend under this section the rate or
amount of groundwater withdrawals authorized by an operating permit
by more than five percent.
(c) If a district amends a permit under this section, the
district must similarly amend all similarly situated permits
affected by the applicable condition.
(d) Before a district amends a permit under this section,
the general manager must demonstrate by a preponderance of evidence
that a condition described by Subsection (a) of this section exists
and justifies the amendment.
(e) This section does not prohibit a district from:
(1) increasing or decreasing the amount of groundwater
that may be produced under a permit based on a condition existing in
the permit; or
(2) suspending or revoking a permit for a violation of
the terms of the permit.
SECTION 4. Section 36.122(a), Water Code, is amended to
read as follows:
(a) The [If an application for a permit or an amendment to a
permit under Section 36.113 proposes the transfer of groundwater
outside of a district's boundaries, the] district may also consider
the provisions of this section in determining whether to grant or
deny the permit or permit amendment, if:
(1) an application for a permit or an amendment to a
permit under Section 36.113 proposes the transfer of groundwater
outside of a district's boundaries; and
(2) the permit or permit amendment does not meet the
requirements for approval without a hearing under Section 36.1145
or 36.1146.
SECTION 5. Section 36.402, Water Code, is amended to read as
follows:
Sec. 36.402. APPLICABILITY. Except as provided by Section
36.416, this subchapter applies to the notice and hearing process
used by a district for permit and permit amendment applications for
which a hearing is required.
SECTION 6. As soon as practicable after the effective date
of this Act, groundwater conservation districts shall adopt rules
to implement the changes in law made by this Act.
SECTION 7. Sections 36.1145, 36.1146, and 36.1147, Water
Code, as added by this Act, apply only to an application for a
permit or permit amendment submitted to a groundwater conservation
district on or after the effective date of this Act. An application
for a permit or permit amendment submitted to a groundwater
conservation district before that date is governed by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
SECTION 8. To the extent of any conflict with other
provisions of Chapter 36, Water Code, Sections 36.113(d) and (f),
36.114(b) and (c), 36.122(a), and 36.402, Water Code, as amended by
this Act, and Sections 36.1145, 36.1146, and 36.1147, Water Code,
as added by this Act, prevail.
SECTION 9. This Act takes effect September 1, 2013.