By: Callegari H.B. No. 3250
A BILL TO BE ENTITLED
AN ACT
relating to protecting landowners against aquifer depletion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.002, Water Code, is amended by adding
Subsections (f), (g), and (h) to read as follows:
(f) Within a particular
aquifer subdivision, at any
particular location where groundwater was available on or after
September 1, 2013, the annual production capability of groundwater
per acre of land that is owned and that overlies an aquifer
subdivision shall not be reduced, as a result of the rate of
permitted groundwater production of the aquifer subdivision, to
less than the proven production capability on or after September 1,
2013, or an authorized common production rate per acre applied to
the aquifer subdivision throughout the management area the land is
within, whichever is less. Where the ability to produce
groundwater has been reduced by permitted production of the aquifer
subdivision below these amounts, the district or districts having
authority over the particular aquifer subdivision shall:
(1) reduce permitted production of groundwater by the
same percentage for all permit holders sufficiently to restore
production capability to these amounts;
(2) supply water to the particular location in these
amounts by pipeline at the rate of proven production or the
authorized production rate, whichever is less;
(3) revise established desired future conditions and
modeled available groundwater and establish a common production
rate for the particular aquifer subdivision throughout the
management area as necessary to allow the affected landowner to
produce at that rate.
(g) To comply with Subsection (f), districts and management
areas may at any time revise desired future conditions established
under Section 36.108, modeled available groundwater, and
production permits.
(h) A district may charge a production fee to cover the cost
of supplying water to landowners, lessees, or assigns for losses
and damages described by Subsection (f).
SECTION 2. This Act takes effect September 1, 2013.