By: Larson (Senate Sponsor - Perry) H.B. No. 2378
(In the Senate - Received from the House May 1, 2017;
May 10, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 16, 2017, reported
favorably by the following vote: Yeas 7, Nays 0; May 16, 2017, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to extensions of an expired permit for the transfer of
groundwater from a groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.122, Water Code, is amended by adding
Subsections (j-1) and (j-2) and amending Subsection (k) to read as
follows:
(j-1) A term under Subsection (i) or (j) shall automatically
be extended on or before its expiration:
(1) to a term that is not shorter than the term of an
operating permit for the production of water to be transferred that
is in effect at the time of the extension; and
(2) for each additional term for which that operating
permit for production is renewed under Section 36.1145 or remains
in effect under Section 36.1146.
(j-2) A permit automatically extended under Subsection
(j-1) continues to be subject to conditions contained in the permit
as issued before the automatic extension.
(k) Notwithstanding the period specified under Subsection
[in Subsections] (i), [and] (j), or (j-1) during which water may be
transferred under a permit, a district may periodically review the
amount of water that may be transferred under the permit and may
limit the amount if additional factors considered in Subsection (f)
warrant the limitation, subject to Subsection (c). The review
described by this subsection may take place not more frequently
than the period provided for the review or renewal of regular
permits issued by the district. In its determination of whether to
renew a permit issued under this section, the district shall
consider relevant and current data for the conservation of
groundwater resources and shall consider the permit in the same
manner it would consider any other permit in the district.
SECTION 2. The changes in law made by this Act apply only to
the term of a permit issued under Sections 36.122(i) and (j), Water
Code, that expires after September 1, 2017.
SECTION 3. This Act takes effect September 1, 2017.
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