| 1 | 1 | | By: Larson, Burnam H.B. No. 2577 |
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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 water well recordkeeping and reporting requirements, |
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| 7 | 7 | | including the production, use, and withdrawal of groundwater. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 36.111, Water Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 36.111. RECORDS AND REPORTS. (a) The district shall |
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| 12 | 12 | | [may] require that records be kept and reports be made of the |
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| 13 | 13 | | drilling, equipping, and completing of water wells and of the |
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| 14 | 14 | | production and use of groundwater. |
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| 15 | 15 | | (b) In implementing Subsection (a), a district may adopt |
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| 16 | 16 | | rules, consistent with rules adopted by the Texas Water Development |
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| 17 | 17 | | Board under Subsection (c), that require an owner or operator of a |
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| 18 | 18 | | water well that is required to be registered with or permitted by |
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| 19 | 19 | | the district[, except for the owner or operator of a well that is |
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| 20 | 20 | | exempt from permit requirements under Section 36.117(b)(1),] to |
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| 21 | 21 | | report groundwater withdrawals [using reasonable and appropriate |
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| 22 | 22 | | reporting methods and frequency]. |
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| 23 | 23 | | (c) The Texas Water Development Board, after consulting |
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| 24 | 24 | | with representatives of districts regarding reasonable and |
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| 25 | 25 | | appropriate reporting methods and frequency of reporting, shall |
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| 26 | 26 | | adopt rules requiring the owner or operator of a well to report |
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| 27 | 27 | | groundwater withdrawals to the district in which the well is |
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| 28 | 28 | | located. In adopting rules under this subsection, the Texas Water |
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| 29 | 29 | | Development Board: |
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| 30 | 30 | | (1) must consider all methods of tracking groundwater |
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| 31 | 31 | | withdrawals, including metering and formulas; |
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| 32 | 32 | | (2) must provide for the exemption of a well that is |
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| 33 | 33 | | exempt from permit requirements under Section 36.117(b)(1); |
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| 34 | 34 | | (3) may not discriminate based on well type, but may |
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| 35 | 35 | | provide for the exemption of: |
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| 36 | 36 | | (A) domestic wells; |
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| 37 | 37 | | (B) livestock wells; |
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| 38 | 38 | | (C) wells that have a capacity of less than 100 |
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| 39 | 39 | | gallons per minute; and |
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| 40 | 40 | | (D) wells that produce less than 10 acre feet |
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| 41 | 41 | | annually; and |
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| 42 | 42 | | (4) regarding wells that are not located in a |
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| 43 | 43 | | district, must require the owner or operator of the well to report |
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| 44 | 44 | | groundwater withdrawals to the Texas Water Development Board. |
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| 45 | 45 | | SECTION 2. The Texas Water Development Board shall adopt |
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| 46 | 46 | | the rules required by Subsection (c), Section 36.111, Water Code, |
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| 47 | 47 | | as added by this Act, as soon as practicable after the effective |
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| 48 | 48 | | date of this Act. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2013. |
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