Texas 2013 - 83rd Regular

Texas House Bill HB2739 Compare Versions

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1	1	83R5299 PMO-D
2	2	By: Martinez Fischer H.B. No. 2739
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to permitting requirements of groundwater conservation
8	8	districts, including permits to transfer water.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 36.113(c), Water Code, is amended to
11	11	read as follows:
12	12	(c) A district may require that the following be included in
13	13	the permit or permit amendment application:
14	14	(1) the name and mailing address of the applicant and
15	15	the owner of the land on which the well will be located;
16	16	(2) if the applicant is other than the owner of the
17	17	property, documentation establishing the applicable authority to
18	18	construct and operate a well for the proposed use;
19	19	(3) a statement of the nature, location, and purpose
20	20	of the proposed use and the amount of water to be used for each
21	21	purpose;
22	22	(4) a water conservation plan or a declaration that
23	23	the applicant will comply with the district's management plan;
24	24	(5) the location of each well and the estimated rate at
25	25	which water will be withdrawn;
26	26	(6) a water well closure plan or a declaration that the
27	27	applicant will comply with well plugging guidelines and report
28	28	closure to the commission; and
29	29	(7) a drought contingency plan.
30	30	SECTION 2. Section 36.1131(b), Water Code, is amended to
31	31	read as follows:
32	32	(b) The permit may include:
33	33	(1) the name and address of the person to whom the
34	34	permit is issued;
35	35	(2) the location of the well;
36	36	(3) the date the permit is to expire if no well is
37	37	drilled;
38	38	(4) a statement of the purpose for which the well is to
39	39	be used;
40	40	(5) a requirement that the water withdrawn under the
41	41	permit be put to beneficial use at all times;
42	42	(6) the location of the use of the water from the well;
43	43	(7) a water well closure plan or a declaration that the
44	44	applicant will comply with well plugging guidelines and report
45	45	closure to the commission;
46	46	(8) the conditions and restrictions, if any, placed on
47	47	the rate and amount of withdrawal;
48	48	(9) any conservation-oriented methods of drilling and
49	49	operating prescribed by the district;
50	50	(10) a drought contingency plan prescribed by the
51	51	district; and
52	52	(11) other terms and conditions as provided by Section
53	53	36.113 or 36.122.
54	54	SECTION 3. Sections 36.122(b), (c), (d), (g), (h), (i), and
55	55	(k), Water Code, are amended to read as follows:
56	56	(b) A district may promulgate rules requiring a person to
57	57	obtain, under Section 36.113, a well permit or an amendment to a
58	58	well permit [under Section 36.113] from the district authorizing
59	59	[for] the transfer of groundwater produced from the well out of the
60	60	district to:
61	61	(1) increase, on or after March 2, 1997, the amount of
62	62	groundwater to be transferred under a continuing arrangement in
63	63	effect before that date; or
64	64	(2) transfer groundwater out of the district on or
65	65	after March 2, 1997, under a new arrangement.
66	66	(c) Except as provided in Section 36.113(e), the district
67	67	may not impose more restrictive permit conditions on transfers out
68	68	of the district [transporters] than the district imposes on
69	69	existing in-district uses [users].
70	70	(d) The district may impose a reasonable fee for processing
71	71	a well permit [an] application that proposes transferring
72	72	groundwater outside the district's boundaries [under this
73	73	section]. The fee may not exceed fees that the district imposes for
74	74	processing other applications under Section 36.113. An application
75	75	filed to comply with this section shall be considered and processed
76	76	under the same procedures as other applications for permits under
77	77	Section 36.113 and shall be combined with applications filed to
78	78	obtain a permit for in-district water use under Section 36.113 from
79	79	the same applicant.
80	80	(g) The district may not deny a permit based on the fact that
81	81	the applicant proposes transferring [seeks to transfer]
82	82	groundwater outside [of] the district but may limit the amount of
83	83	water that may be transferred [a permit issued under this section]
84	84	if conditions in Subsection (f) warrant the limitation, subject to
85	85	Subsection (c).
86	86	(h) In addition to conditions provided by Section 36.1131,
87	87	the permit shall specify:
88	88	(1) the amount of water that may be transferred out of
89	89	the district; and
90	90	(2) the term [period] for which the water may be
91	91	produced and transferred.
92	92	(i) The term [period] specified by Subsection (h)(2) shall
93	93	be:
94	94	(1) at least three years if construction of a
95	95	conveyance system has not been initiated prior to the issuance of
96	96	the permit; or
97	97	(2) at least 30 years if construction of a conveyance
98	98	system has been initiated prior to the issuance of the permit.
99	99	(k) Notwithstanding the term [period] specified in
100	100	Subsections (i) and (j) during which water may be transferred under
101	101	a permit, a district may periodically review the amount of water
102	102	that may be transferred under the permit and may limit the amount if
103	103	additional factors considered in Subsection (f) warrant the
104	104	limitation, subject to Subsection (c). The review described by
105	105	this subsection may take place not more frequently than the period
106	106	provided for the review or renewal of [regular] permits issued by
107	107	the district under Section 36.113 for in-district uses. In its
108	108	determination of whether to renew a permit at the end of the term
109	109	specified by Subsection (h)(2) [issued under this section], the
110	110	district shall consider relevant and current data for the
111	111	conservation of groundwater resources and shall consider the permit
112	112	in the same manner it would consider any other permit in the
113	113	district.
114	114	SECTION 4. Sections 36.1131(b) and 36.122, Water Code, as
115	115	amended by this Act, apply only to an application for a permit
116	116	submitted to a groundwater conservation district on or after the
117	117	effective date of this Act. An application for a permit submitted to
118	118	a district before that date is governed by the law in effect on the
119	119	date the application was submitted, and the former law is continued
120	120	in effect for that purpose.
121	121	SECTION 5. This Act takes effect September 1, 2013.