By: Cyrier H.B. No. 3116
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of groundwater with historic use by and
conflicts of law for the Lost Pines Groundwater Conservation
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8849.005, Special District Local Laws
Code, is amended to read as follows:
Sec. 8849.005. CONFLICTS OF LAW. (a) Except as otherwise
provided by this chapter, if there is a conflict between this
chapter and Chapter 36, Water Code, this chapter prevails.
(b) The following provisions prevail over a conflicting or
inconsistent provision of this chapter:
(1) Sections 36.1071-36.1073, Water Code;
(2) Sections 36.159-36.161, Water Code; and
(3) Subchapter I, Chapter 36, Water Code.
SECTION 2. Subchapter C, Chapter 8849, Special District
Local Laws Code, is amended by adding Section 8849.107 to read as
follows:
Sec. 8849.107. HISTORIC USE; REDUCTION AND CURTAILMENT. (a)
In this section:
(1) "Best available science" means conclusions that
are logically and reasonably derived using statistical or
quantitative data, techniques, analyses, or studies that are
publicly available to reviewing scientists and that may be employed
to address a specific scientific question.
(2) "Historic use" means an amount determined by the
actual lawful production of groundwater that is put to beneficial
use from a permitted well in Lee or Bastrop County in any calendar
year after December 31, 2000, and before January 1, 2013.
(b) Before issuing an order for a reduction or curtailment,
the district must adopt rules consistent with this section for the
adoption, modification, or cancellation of an order for a reduction
or curtailment. Rules adopted to reduce or curtail groundwater
production must preserve production of groundwater from a well that
has historic use to the maximum extent practicable in a manner
consistent with the district's management plan.
(c) If the district by order implements a temporary
reduction or curtailment that affects all wells permitted by the
district for an aquifer, the district must:
(1) apply the reduction or curtailment in a manner
that is uniform and nondiscriminatory; and
(2) use the best available science to determine the
minimum amount of reduction or curtailment necessary to achieve the
purposes of Section 36.116(a), Water Code.
(d) The reduction or curtailment order must provide for:
(1) except as provided by Subsection (f), the
production for all permitted wells without historic use for the
affected aquifer initially to be reduced at 100 percent of the
amount ordered for reduction; and
(2) the production for all permitted wells with
historic use for the affected aquifer initially to be reduced at 50
percent of the amount ordered for reduction.
(e) If a reduction order results in reducing to zero the
allowed production level for permitted wells without historic use,
the production for all permitted wells with historic use for the
affected aquifer must be reduced at 100 percent of the amount
ordered for reduction until the district modifies or cancels the
reduction or curtailment.
(f) A permit without historic use that was issued before the
effective date of the Act creating this section to a political
subdivision for the purpose of supporting the operation of a power
generation facility is subject to reduction or curtailment in the
same manner and to the same extent as a permit with historic use.
(g) If aquifer conditions improve and the board modifies the
reduction or curtailment order to allow increased production, the
production amount for each permit must be restored proportionately
to the amount of production authorized by the original permit.
(h) If aquifer conditions improve and the board cancels the
reduction or curtailment order, the production amount for each
permit is restored to the amount of production authorized by the
original permit.
(i) A well's historic use does not exempt the well from any
rule of the district relating to a matter other than the production
of groundwater, including rules relating to beneficial use,
conservation, waste, or pumping fees.
(j) Section 36.113(e), Water Code, applies to a well with
historic use.
SECTION 3. 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.