85R8587 GRM-F
By: Larson H.B. No. 4050
A BILL TO BE ENTITLED
AN ACT
relating to exports of groundwater from a groundwater conservation
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.113(d), Water Code, is amended to
read as follows:
(d) This subsection does not apply to the renewal of an
operating permit issued under Section 36.1145. Before granting or
denying a permit, or a permit amendment issued in accordance with
Section 36.1146, the district shall consider whether:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fees;
(2) the projected effect of the proposed production
[use of water] unreasonably affects aquifer conditions, depletion,
subsidence, existing groundwater and surface water resources, [or]
existing permit holders, or registered wells that are exempt from
the requirement to obtain a permit under this chapter or district
rules;
(3) the proposed use of water is dedicated to any
beneficial use;
(4) the proposed use of water is consistent with the
district's approved management plan;
(5) if the well will be located in the Hill Country
Priority Groundwater Management Area, the proposed use of water
from the well is wholly or partly to provide water to a pond, lake,
or reservoir to enhance the appearance of the landscape;
(6) the applicant has agreed to avoid waste and
achieve water conservation; and
(7) the applicant has agreed that reasonable diligence
will be used to protect groundwater quality and that the applicant
will follow well plugging guidelines at the time of well closure.
SECTION 2. The heading to Section 36.122, Water Code, is
amended to read as follows:
Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER [OUT OF
DISTRICT].
SECTION 3. Section 36.122, Water Code, is amended by
amending Subsections (a), (b), (c), (d), (f), (g), and (h) and
adding Subsections (j-1), (j-2), and (r) to read as follows:
(a) If an application for a permit or an amendment to a
permit under Section 36.113 proposes the export [transfer] of
groundwater [outside of a district's boundaries], the district may
also consider the provisions of this section in determining whether
to grant or deny the permit or permit amendment.
(b) A district may promulgate rules requiring a person to
obtain a permit or an amendment to a permit under Section 36.113
from the district to export [for the transfer of] groundwater [out
of the district] to:
(1) increase, on or after March 2, 1997, the amount of
groundwater to be exported [transferred] under a continuing
arrangement in effect before that date; or
(2) export [transfer] groundwater [out of the
district] on or after March 2, 1997, under a new arrangement.
(c) Except as provided in Section 36.113(e), the district
may not impose more restrictive permit conditions on exporters
[transporters] than the district imposes on existing in-district
users.
(d) The district may impose a reasonable fee for processing
an application under this section. The fee may not exceed fees that
the district imposes for processing other applications under
Section 36.113. An application filed under [to comply with] this
section shall be considered and processed under the same procedures
as other applications for permits under Section 36.113 and shall be
combined with applications filed to obtain a permit [for
in-district water use] under Section 36.113 from the same
applicant.
(f) In reviewing a proposed [transfer of] groundwater
export [out of the district], the district shall consider:
(1) the projected availability and demand for
groundwater [of water] in the district and the projected
availability and demand for water in the proposed receiving area
during the period for which the water supply is requested; and
(2) [the projected effect of the proposed transfer on
aquifer conditions, depletion, subsidence, or effects on existing
permit holders or other groundwater users within the district; and
[(3)] the latest approved state water plan, regional
water plan, and [approved] district management plan.
(g) The district may not deny a permit based on the fact that
the applicant seeks to export [transfer] groundwater [outside of
the district] but may limit a permit issued under this section if
conditions in Subsection (f) warrant the limitation, subject to
Subsection (c).
(h) The [In addition to conditions provided by Section
36.1131, the] permit shall specify:
(1) the amount of water that may be exported from
[transferred out of] the district; and
(2) the period for which the water may be exported
[transferred].
(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 exported 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.
(r) This subsection applies only to a district that requires
separate operating permits to authorize groundwater production
associated with the export of groundwater. A permit holder
authorized to export groundwater under this section may not export
an amount of groundwater in excess of the amount of groundwater
authorized to be produced under one or more associated operating
permits. The district may authorize a permit holder to export an
amount that exceeds the amount authorized to be produced under
operating permits associated with the export authorization if:
(1) the district issues operating permits that vary in
the amount of groundwater authorized to be produced in:
(A) different years; or
(B) different permit terms; and
(2) the export authorization states that the permit
holder may not export an amount of groundwater greater than the
amount of groundwater authorized for the associated operating
permit during the corresponding year or permit term.
SECTION 4. Sections 36.122(k), (l), (n), (o), and (q),
Water Code, are repealed.
SECTION 5. 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.