84R7595 SGA-D
By: Isaac H.B. No. 1191
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of commercial development of groundwater
in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Water Code, is amended by adding
Section 35.021 to read as follows:
Sec. 35.021. COMMERCIAL DEVELOPMENT OF GROUNDWATER IN
CERTAIN ZONES. (a) In this section, "buffer zone" means an area
that extends five miles from the boundaries of a priority
groundwater management area.
(b) Notwithstanding an exemption from permitting that might
apply under the rules of a groundwater conservation district under
Section 36.117, a person who seeks to drill or operate a well
located in a buffer zone to produce groundwater for commercial
purposes must submit an application for approval to drill and
operate the well to the Texas Water Development Board and to any
groundwater conservation district in whose territory the well is
located.
(c) The Texas Water Development Board shall schedule, post
notice for, and conduct a public hearing for comments before making
a decision to approve or deny an application received under
Subsection (b).
(d) In deciding whether to approve or deny an application
under this section, the Texas Water Development Board shall
consider the likely effects of the well's proposed production
amounts over the 25-year period that would begin on the expected
date of first production from the well including:
(1) potential adverse effects on the desired future
condition adopted by a groundwater conservation district for the
relevant aquifer under Section 36.108;
(2) population growth predicted for the surrounding
area;
(3) shortages of surface water or groundwater
resulting from a long-term drought;
(4) potential land subsidence;
(5) possible contamination of groundwater supplies;
and
(6) other issues the water development board considers
relevant.
(e) A well may be drilled and operated under this section
only if the application is approved:
(1) by the Texas Water Development Board; and
(2) by any applicable groundwater conservation
district, unless the well is exempt from permitting under the
district's rules.
(f) The Texas Water Development Board shall adopt rules and
procedures for the consideration of an application under this
section, including procedures for the conduct of a public hearing.
SECTION 2. Not later than March 1, 2016, the Texas Water
Development Board shall adopt rules required under Section 35.021,
Water Code, as added by this Act.
SECTION 3. This Act applies only to a groundwater well for
which the drilling is begun on or after the effective date of this
Act. A well for which the drilling is begun before the effective
date of this Act is governed by the law in effect on the date the
drilling was begun, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.