| 1 | 1 | | By: Cortez H.B. No. 4045 |
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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 and permitting of groundwater. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 36, Water Code, is amended by adding new |
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| 9 | 9 | | Section 36.1133 to read as follows: |
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| 10 | 10 | | Sec. 36.1133. PERMITS BASED ON CONTIGUOUS SURFACE ACREAGE. |
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| 11 | 11 | | (a) As used in this section, "Contiguous Surface Acres" means land |
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| 12 | 12 | | that shares a common boundary or property line. The existence of a |
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| 13 | 13 | | natural or manmade feature that separates or transects one or more |
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| 14 | 14 | | tracts of land, including a road, fence, train track, or water |
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| 15 | 15 | | course, which tract or tracts are owned by the same person or entity |
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| 16 | 16 | | does not render the acreage noncontiguous. |
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| 17 | 17 | | (b) A district shall issue permits without notice or |
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| 18 | 18 | | opportunity for hearing to the owner of a parcel of land that |
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| 19 | 19 | | contains greater than 1000 contiguous surface acres and is included |
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| 20 | 20 | | in the territory of two or more groundwater conservation districts. |
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| 21 | 21 | | (c) a permit issued pursuant to this section shall authorize |
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| 22 | 22 | | the production of a volume of groundwater on a per acre basis equal |
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| 23 | 23 | | to the greatest amount of groundwater authorized under permits |
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| 24 | 24 | | previously issued by the district receiving the permit application |
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| 25 | 25 | | by calculating the per acre-foot per acre volume authorized |
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| 26 | 26 | | irrespective of whether the district has adopted rules to limit the |
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| 27 | 27 | | production of groundwater on a per acre production basis. |
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| 28 | 28 | | (d) groundwater produced pursuant to a permit issued under |
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| 29 | 29 | | this section may be applied to any beneficial purpose including |
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| 30 | 30 | | outside of the boundaries of the district from which it was |
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| 31 | 31 | | produced. |
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| 32 | 32 | | (e) Sections 36.113-36.1132, 36.114-36.114, and 36.116 do |
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| 33 | 33 | | not apply to permits issued pursuant to this section. |
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| 34 | 34 | | SECTION 2. EFFECTIVE DATE. Except as otherwise provided by |
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| 35 | 35 | | this Act, this Act takes effect immediately if it receives a vote of |
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| 36 | 36 | | two-thirds of all the members elected to each house, as provided by |
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| 37 | 37 | | Section 39, Article III, Texas Constitution. If this Act does not |
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| 38 | 38 | | receive the vote necessary for immediate effect, this Act takes |
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| 39 | 39 | | effect September 1, 2017, except as otherwise provided by this Act. |
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