| 1 | 1 | | By: Estes S.B. No. 1122 |
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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 a limitation on the authority to curtail groundwater |
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| 7 | 7 | | production from wells used for power generation or mining. |
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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. Section 36.117, Water Code, is amended by adding |
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| 10 | 10 | | Subsection (m) to read as follows: |
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| 11 | 11 | | (m) This subsection applies to a well that produces |
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| 12 | 12 | | groundwater directly or indirectly used to support the operation of |
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| 13 | 13 | | a power generation facility or a mine that provides fuel to a power |
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| 14 | 14 | | generation facility, including production for dewatering, potable |
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| 15 | 15 | | water, and depressurization. Except as a result of a permit |
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| 16 | 16 | | amendment requested by the permit holder, a district may not reduce |
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| 17 | 17 | | or curtail production from a well or limit the groundwater |
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| 18 | 18 | | production rate of a well to a rate or amount that is less than: |
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| 19 | 19 | | (1) the maximum rate or amount of withdrawal as of |
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| 20 | 20 | | September 1, 2014, authorized by the permit, whether the permit was |
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| 21 | 21 | | issued by the district or the Railroad Commission of Texas; or |
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| 22 | 22 | | (2) the maximum annual historical rate or amount of |
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| 23 | 23 | | withdrawal recorded before September 1, 2014, if the well was in |
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| 24 | 24 | | operation on that date and no permit from any entity was required |
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| 25 | 25 | | for the operation of the well. |
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| 26 | 26 | | SECTION 2. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2015. |
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