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