Texas 2015 - 84th Regular

Texas House Bill HB3597 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R14907 T
2	2	By: Keffer H.B. No. 3597
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exports of groundwater from a groundwater conservation
8	8	district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. SECTION 1. Section 36.122, Water Code, is
11	11	amended to read as follows:
12	12	Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER OUT OF
13	13	DISTRICT. (a) If an application for a permit or an amendment to a
14	14	permit under Section 36.113 proposes the export [transfer] of
15	15	groundwater outside of a district's boundaries, the district may
16	16	also consider the provisions of this section in determining whether
17	17	to grant or deny the permit or permit amendment.
18	18	(b) A district may promulgate rules requiring a person to
19	19	obtain a permit or an amendment to a permit under Section 36.113
20	20	from the district [for the transfer of] to export groundwater [out
21	21	of the district] to:
22	22	(1) increase, on or after March 2, 1997, the amount of
23	23	groundwater to be [transferred] exported under a continuing
24	24	arrangement in effect before that date; or
25	25	(2) [transfer] export groundwater [out of the
26	26	district] on or after March 2, 1997, under a new arrangement.
27	27	(c) Except as provided in Section 36.113(e), the district
28	28	may not impose more restrictive permit conditions on [transporters]
29	29	exporters than the district imposes on existing in-district users.
30	30	The district may not deny a permit based on the fact that the
31	31	applicant seeks to export groundwater. A district may not prohibit
32	32	the export of groundwater.
33	33	(d) The district may impose a reasonable fee for processing
34	34	an application under this section. The fee may not exceed fees that
35	35	the district imposes for processing other applications under
36	36	Section 36.113. An application filed to comply with this section
37	37	shall be considered and processed under the same procedures as
38	38	other applications for permits under Section 36.113 and shall be
39	39	combined with applications filed to obtain a permit for in-district
40	40	water use under Section 36.113 from the same applicant.
41	41	(e) The district may impose an export [a reasonable] fee or
42	42	surcharge [for an export fee] using one of the following methods:
43	43	(1) a fee negotiated between the district and the
44	44	exporter [transporter];
45	45	(2) a rate not to exceed the equivalent of the
46	46	district's tax rate per hundred dollars of valuation for each
47	47	thousand gallons of water exported from [transferred out of] the
48	48	district or 2.5 cents per thousand gallons of water, if the district
49	49	assesses a tax rate of less than 2.5 cents per hundred dollars of
50	50	valuation; or
51	51	(3) for a fee-based district, a 50 percent export
52	52	surcharge, in addition to the district's production fee, for water
53	53	exported from [transferred out of] the district.
54	54	[(f) In reviewing a proposed transfer of groundwater out of
55	55	the district, the district shall consider:
56	56	(1) the availability of water in the district and in
57	57	the proposed receiving area during the period for which the water
58	58	supply is requested;
59	59	(2) the projected effect of the proposed transfer on
60	60	aquifer conditions, depletion, subsidence, or effects on existing
61	61	permit holders or other groundwater users within the district; and
62	62	(3) the approved regional water plan and approved
63	63	district management plan.
64	64	(g) The district may not deny a permit based on the fact that
65	65	the applicant seeks to transfer groundwater outside of the district
66	66	but may limit a permit issued under this section if conditions in
67	67	Subsection (f) warrant the limitation, subject to Subsection (c)].
68	68	(h) In addition to conditions provided by Section 36.1131,
69	69	the permit shall specify:
70	70	(1) the amount of water that may be exported from
71	71	[transferred out of] the district; and
72	72	(2) the period for which the water may be exported
73	73	[transferred].
74	74	(i) The period specified by Subsection (h)(2) shall be:
75	75	(1) at least three years if construction of a
76	76	conveyance system has not been initiated prior to the issuance of
77	77	the permit; or
78	78	(2) at least 30 years if construction of a conveyance
79	79	system has been initiated prior to the issuance of the permit.
80	80	(j) A term under Subsection (i)(1) shall automatically be
81	81	extended to the terms agreed to under Subsection (i)(2) if
82	82	construction of a conveyance system is begun before the expiration
83	83	of the initial term.
84	84	[(k) Notwithstanding the period specified in Subsections
85	85	(i) and (j) during which water may be transferred under a permit, a
86	86	district may periodically review the amount of water that may be
87	87	transferred under the permit and may limit the amount if additional
88	88	factors considered in Subsection (f) warrant the limitation,
89	89	subject to Subsection (c). The review described by this subsection
90	90	may take place not more frequently than the period provided for the
91	91	review or renewal of regular permits issued by the district. In its
92	92	determination of whether to renew a permit issued under this
93	93	section, the district shall consider relevant and current data for
94	94	the conservation of groundwater resources and shall consider the
95	95	permit in the same manner it would consider any other permit in the
96	96	district.
97	97	(l) A district is prohibited from using revenues obtained
98	98	under Subsection (e) to prohibit the transfer of groundwater
99	99	outside of a district. A district is not prohibited from using
100	100	revenues obtained under Subsection (e) for paying expenses related
101	101	to enforcement of this chapter or district rules.
102	102	(m) A district may not prohibit the export of groundwater if
103	103	the purchase was in effect on or before June 1, 1997.
104	104	(n) This section applies only to a transfer of water that is
105	105	permitted after September 1, 1997.
106	106	(o) A district shall adopt rules as necessary to implement
107	107	this section but may not adopt rules expressly prohibiting the
108	108	export of groundwater].
109	109	(p) Subsection (e) does not apply to a district that is
110	110	collecting an export fee or surcharge on March 1, 2001.
111	111	[(q) In applying this section, a district must be fair,
112	112	impartial, and nondiscriminatory.]
113	113	SECTION 2. This Act takes effect immediately if it receives
114	114	a vote of two-thirds of all the members elected to each house, as
115	115	provided by Section 39, Article III, Texas Constitution. If this
116	116	Act does not receive the vote necessary for immediate effect, this
117	117	Act takes effect September 1, 2015.