Texas 2015 - 84th Regular

Texas House Bill HB3116 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Cyrier H.B. No. 3116
2		-	Substitute the following for H.B. No. 3116:
3		-	By: Larson C.S.H.B. No. 3116
4	2
5	3
6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8	6		relating to the regulation of groundwater with historic use by and
9	7		conflicts of law for the Lost Pines Groundwater Conservation
10	8		District.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 8849.005, Special District Local Laws
13	11		Code, is amended to read as follows:
14	12		Sec. 8849.005. CONFLICTS OF LAW. (a) Except as otherwise
15	13		provided by this chapter, if there is a conflict between this
16	14		chapter and Chapter 36, Water Code, this chapter prevails.
17	15		(b) The following provisions prevail over a conflicting or
18	16		inconsistent provision of this chapter:
19	17		(1) Sections 36.1071-36.1073, Water Code;
20	18		(2) Sections 36.159-36.161, Water Code; and
21	19		(3) Subchapter I, Chapter 36, Water Code.
22	20		SECTION 2. Subchapter C, Chapter 8849, Special District
23	21		Local Laws Code, is amended by adding Section 8849.107 to read as
24	22		follows:
25	23		Sec. 8849.107. HISTORIC USE; REDUCTION AND CURTAILMENT. (a)
26	24		In this section:
27	25		(1) "Best available science" means conclusions that
28	26		are logically and reasonably derived using statistical or
29	27		quantitative data, techniques, analyses, or studies that are
30	28		publicly available to reviewing scientists and that may be employed
31	29		to address a specific scientific question.
32	30		(2) "Historic use" means an amount determined by the
33	31		actual lawful production of groundwater that is put to beneficial
34	32		use from a permitted well in Lee or Bastrop County in any calendar
35	33		year after December 31, 2000, and before January 1, 2013.
36	34		(b) Before issuing an order for a reduction or curtailment,
37	35		the district must adopt rules consistent with this section for the
38	36		adoption, modification, or cancellation of an order for a reduction
39	37		or curtailment. Rules adopted to reduce or curtail groundwater
40	38		production must preserve production of groundwater from a well that
41	39		has historic use to the maximum extent practicable in a manner
42	40		consistent with the district's management plan.
43	41		(c) If the district by order implements a temporary
44	42		reduction or curtailment that affects all wells permitted by the
45	43		district for an aquifer, the district must:
46	44		(1) apply the reduction or curtailment in a manner
47	45		that is uniform and nondiscriminatory; and
48	46		(2) use the best available science to determine the
49	47		minimum amount of reduction or curtailment necessary to achieve the
50	48		purposes of Section 36.116(a), Water Code.
51	49		(d) The reduction or curtailment order must provide for:
52	50		(1) except as provided by Subsection (f), the
53	51		production for all permitted wells without historic use for the
54	52		affected aquifer initially to be reduced at 100 percent of the
55	53		amount ordered for reduction; and
56	54		(2) the production for all permitted wells with
57	55		historic use for the affected aquifer initially to be reduced at 50
58	56		percent of the amount ordered for reduction.
59	57		(e) If a reduction order results in reducing to zero the
60	58		allowed production level for permitted wells without historic use,
61	59		the production for all permitted wells with historic use for the
62	60		affected aquifer must be reduced at 100 percent of the amount
63	61		ordered for reduction until the district modifies or cancels the
64	62		reduction or curtailment.
65	63		(f) A permit without historic use that was issued before the
66	64		effective date of the Act creating this section to a political
67	65		subdivision for the purpose of supporting the operation of a power
68	66		generation facility is subject to reduction or curtailment in the
69	67		same manner and to the same extent as a permit with historic use.
70	68		(g) If aquifer conditions improve and the board modifies the
71	69		reduction or curtailment order to allow increased production, the
72	70		production amount for each permit must be restored proportionately
73	71		to the amount of production authorized by the original permit.
74	72		(h) If aquifer conditions improve and the board cancels the
75	73		reduction or curtailment order, the production amount for each
76	74		permit is restored to the amount of production authorized by the
77	75		original permit.
78	76		(i) A well's historic use does not exempt the well from any
79	77		rule of the district relating to a matter other than the production
80	78		of groundwater, including rules relating to beneficial use,
81	79		conservation, waste, or pumping fees.
82	80		(j) Section 36.113(e), Water Code, applies to a well with
83	81		historic use.
84	82		SECTION 3. This Act takes effect immediately if it receives
85	83		a vote of two-thirds of all the members elected to each house, as
86	84		provided by Section 39, Article III, Texas Constitution. If this
87	85		Act does not receive the vote necessary for immediate effect, this
88	86		Act takes effect September 1, 2015.