83R20601 SLB-D
By: Isaac H.B. No. 1796
Substitute the following for H.B. No. 1796:
By: Martinez Fischer C.S.H.B. No. 1796
A BILL TO BE ENTITLED
AN ACT
relating to the renewal or amendment of permits issued by
groundwater conservation districts.
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 and 36.1146,
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 and 36.1146,
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, 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) or Section 36.1145, 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 and 36.1146 to read as follows:
Sec. 36.1145. PERMIT RENEWAL. (a) Except as provided by
Subsection (b), a district shall approve an application to renew an
operating permit without a hearing before the date on which the
permit expires, provided that:
(1) the application is submitted in a timely manner in
accordance with district rules;
(2) 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
(3) the amount and rate of groundwater withdrawals
under the application are not more than the amount and rate allowed
by the permit the applicant seeks to renew.
(b) A district is not required to renew a permit under this
section if the applicant:
(1) is delinquent in paying a fee required by the
district;
(2) has committed a violation of the permit or a
district 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 REQUIRED BY CHANGE IN
CONDITIONS. (a) In this section, "hydrogeologic unit" means an
aquifer, aquifer subdivision, or management zone, that is defined
in the district's management plan or rules or in an order issued by
the district board under the district's rules.
(b) After notice and hearing conducted under Subchapter M, a
district may amend an operating permit to adjust the rate or amount
of permitted groundwater withdrawals only to the extent necessary
to:
(1) respond to:
(A) a significant change in the condition of a
hydrogeologic unit from which the permit authorizes withdrawals;
(B) a significant change in groundwater
availability in a hydrogeologic unit from which the permit
authorizes withdrawals, arising from a change in the district's
management plan approved by the Texas Water Development Board and
designed to meet a desired future condition;
(C) increased demand on a hydrogeologic unit that
impacts the district's ability to meet a desired future condition
established under Section 36.108 in all or part of the
hydrogeologic unit; or
(D) subsidence conditions that can be mitigated
by adjusting permitted withdrawals; or
(2) comply with an order of the commission.
(c) Except as provided by Subsection (d), if a district
amends an operating permit under this section, the district must
similarly amend all operating permits affected by the applicable
condition, regardless of the place or purpose of using the water.
(d) A district may, in a manner consistent with the
district's management plan, distinguish between:
(1) operating permits based on historic use and
permits not based on historic use;
(2) classes or categories of operating permits as
specified in a district's rules and management plan approved by the
Texas Water Development Board; or
(3) operating permits for which site-specific,
science-based hydrogeologic information justifies the distinction.
(e) Before a district amends a permit under this section,
the district must demonstrate that a condition described by
Subsection (b) exists that justifies the amendment.
(f) 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;
(2) suspending or revoking a permit for a violation of
a district rule or the terms of the permit; or
(3) temporarily adjusting the amount or rate of
withdrawals under an operating permit during drought conditions
under the district's management plan and rules.
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 an application for a [the] permit or permit amendment under
Section 36.113, if:
(1) the application for a permit or an amendment to a
permit under Section 36.113 proposes the transfer of groundwater
outside of the district's boundaries; or
(2) the application does not meet the requirements for
approval without a hearing under Section 36.1145.
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. Section 36.1145, Water Code, as added by this
Act, applies only to an application for a permit renewal submitted
to a groundwater conservation district on or after the effective
date of this Act. An application for a permit renewal 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 and 36.1146, Water Code, as added by
this Act, prevail.
SECTION 9. This Act takes effect September 1, 2013.