| 1 | 1 | | By: Guillen H.B. No. 3675 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of commercial development of groundwater |
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| 7 | 7 | | in certain areas. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 35, Water Code, is amended by adding |
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| 10 | 10 | | Section 35.021 to read as follows: |
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| 11 | 11 | | Sec. 35.021. COMMERCIAL DEVELOPMENT OF GROUNDWATER IN |
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| 12 | 12 | | CERTAIN ZONES. (a) In this section, "buffer zone" means an area |
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| 13 | 13 | | that extends twelve miles from the boundaries of an aquifer |
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| 14 | 14 | | encompassed by a groundwater conservation district that comprises |
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| 15 | 15 | | of four counties, is located not greater than one hundred miles from |
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| 16 | 16 | | the Gulf Coast, is located not greater than one hundred miles from |
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| 17 | 17 | | the Texas-Mexico international border, and is adjacent to a county |
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| 18 | 18 | | whose population is greater than 1.6 million. |
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| 19 | 19 | | (b) Notwithstanding an exemption from permitting that might |
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| 20 | 20 | | apply under the rules of a groundwater conservation district under |
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| 21 | 21 | | Section 36.117, a person who seeks to drill or operate a well |
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| 22 | 22 | | located in a buffer zone to produce groundwater for commercial |
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| 23 | 23 | | purposes must submit an application for approval to drill and |
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| 24 | 24 | | operate the well to the nearest geographically situated groundwater |
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| 25 | 25 | | conservation district in which the aquifer is located. |
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| 26 | 26 | | (c) The groundwater conservation district shall schedule, |
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| 27 | 27 | | post notice for, and conduct a public hearing for comments before |
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| 28 | 28 | | making a decision to approve or deny an application received under |
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| 29 | 29 | | Subsection (b). |
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| 30 | 30 | | (d) An application under this section must include the |
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| 31 | 31 | | likely effects of the well's proposed production amounts over the |
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| 32 | 32 | | 25-year period that would begin on the expected date of first |
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| 33 | 33 | | production from the well including: |
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| 34 | 34 | | (1) potential adverse effects on the desired future |
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| 35 | 35 | | condition adopted by a groundwater conservation district for the |
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| 36 | 36 | | relevant aquifer under Section 36.108; |
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| 37 | 37 | | (2) population growth predicted for the surrounding |
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| 38 | 38 | | area; |
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| 39 | 39 | | (3) shortages of surface water or groundwater |
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| 40 | 40 | | resulting from a long-term drought; |
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| 41 | 41 | | (4) potential land subsidence; |
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| 42 | 42 | | (5) possible contamination of groundwater supplies; |
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| 43 | 43 | | and |
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| 44 | 44 | | (6) other issues groundwater conservation district |
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| 45 | 45 | | considers relevant. |
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| 46 | 46 | | (e) A well may be drilled and operated under this section |
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| 47 | 47 | | only if the application is approved by the applicable groundwater |
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| 48 | 48 | | conservation district, unless the well is exempt from permitting |
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| 49 | 49 | | under the district's rules. |
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| 50 | 50 | | SECTION 2. This Act applies only to a groundwater well for |
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| 51 | 51 | | which the drilling is begun on or after the effective date of this |
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| 52 | 52 | | Act. A well for which the drilling is begun before the effective |
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| 53 | 53 | | date of this Act is governed by the law in effect on the date the |
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| 54 | 54 | | drilling was begun, and that law is continued in effect for that |
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| 55 | 55 | | purpose. |
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| 56 | 56 | | SECTION 3. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2015. |
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