Texas 2017 - 85th Regular

Texas House Bill HB4050 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8587 GRM-F
2	2	By: Larson H.B. No. 4050
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exports of groundwater from a groundwater conservation
8	8	district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 36.113(d), Water Code, is amended to
11	11	read as follows:
12	12	(d) This subsection does not apply to the renewal of an
13	13	operating permit issued under Section 36.1145. Before granting or
14	14	denying a permit, or a permit amendment issued in accordance with
15	15	Section 36.1146, the district shall consider whether:
16	16	(1) the application conforms to the requirements
17	17	prescribed by this chapter and is accompanied by the prescribed
18	18	fees;
19	19	(2) the projected effect of the proposed production
20	20	[use of water] unreasonably affects aquifer conditions, depletion,
21	21	subsidence, existing groundwater and surface water resources, [or]
22	22	existing permit holders, or registered wells that are exempt from
23	23	the requirement to obtain a permit under this chapter or district
24	24	rules;
25	25	(3) the proposed use of water is dedicated to any
26	26	beneficial use;
27	27	(4) the proposed use of water is consistent with the
28	28	district's approved management plan;
29	29	(5) if the well will be located in the Hill Country
30	30	Priority Groundwater Management Area, the proposed use of water
31	31	from the well is wholly or partly to provide water to a pond, lake,
32	32	or reservoir to enhance the appearance of the landscape;
33	33	(6) the applicant has agreed to avoid waste and
34	34	achieve water conservation; and
35	35	(7) the applicant has agreed that reasonable diligence
36	36	will be used to protect groundwater quality and that the applicant
37	37	will follow well plugging guidelines at the time of well closure.
38	38	SECTION 2. The heading to Section 36.122, Water Code, is
39	39	amended to read as follows:
40	40	Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER [OUT OF
41	41	DISTRICT].
42	42	SECTION 3. Section 36.122, Water Code, is amended by
43	43	amending Subsections (a), (b), (c), (d), (f), (g), and (h) and
44	44	adding Subsections (j-1), (j-2), and (r) to read as follows:
45	45	(a) If an application for a permit or an amendment to a
46	46	permit under Section 36.113 proposes the export [transfer] of
47	47	groundwater [outside of a district's boundaries], the district may
48	48	also consider the provisions of this section in determining whether
49	49	to grant or deny the permit or permit amendment.
50	50	(b) A district may promulgate rules requiring a person to
51	51	obtain a permit or an amendment to a permit under Section 36.113
52	52	from the district to export [for the transfer of] groundwater [out
53	53	of the district] to:
54	54	(1) increase, on or after March 2, 1997, the amount of
55	55	groundwater to be exported [transferred] under a continuing
56	56	arrangement in effect before that date; or
57	57	(2) export [transfer] groundwater [out of the
58	58	district] on or after March 2, 1997, under a new arrangement.
59	59	(c) Except as provided in Section 36.113(e), the district
60	60	may not impose more restrictive permit conditions on exporters
61	61	[transporters] than the district imposes on existing in-district
62	62	users.
63	63	(d) The district may impose a reasonable fee for processing
64	64	an application under this section. The fee may not exceed fees that
65	65	the district imposes for processing other applications under
66	66	Section 36.113. An application filed under [to comply with] this
67	67	section shall be considered and processed under the same procedures
68	68	as other applications for permits under Section 36.113 and shall be
69	69	combined with applications filed to obtain a permit [for
70	70	in-district water use] under Section 36.113 from the same
71	71	applicant.
72	72	(f) In reviewing a proposed [transfer of] groundwater
73	73	export [out of the district], the district shall consider:
74	74	(1) the projected availability and demand for
75	75	groundwater [of water] in the district and the projected
76	76	availability and demand for water in the proposed receiving area
77	77	during the period for which the water supply is requested; and
78	78	(2) [the projected effect of the proposed transfer on
79	79	aquifer conditions, depletion, subsidence, or effects on existing
80	80	permit holders or other groundwater users within the district; and
81	81	[(3)] the latest approved state water plan, regional
82	82	water plan, and [approved] district management plan.
83	83	(g) The district may not deny a permit based on the fact that
84	84	the applicant seeks to export [transfer] groundwater [outside of
85	85	the district] but may limit a permit issued under this section if
86	86	conditions in Subsection (f) warrant the limitation, subject to
87	87	Subsection (c).
88	88	(h) The [In addition to conditions provided by Section
89	89	36.1131, the] permit shall specify:
90	90	(1) the amount of water that may be exported from
91	91	[transferred out of] the district; and
92	92	(2) the period for which the water may be exported
93	93	[transferred].
94	94	(j-1) A term under Subsection (i) or (j) shall automatically
95	95	be extended on or before its expiration:
96	96	(1) to a term that is not shorter than the term of an
97	97	operating permit for the production of water to be exported that is
98	98	in effect at the time of the extension; and
99	99	(2) for each additional term for which that operating
100	100	permit for production is renewed under Section 36.1145 or remains
101	101	in effect under Section 36.1146.
102	102	(j-2) A permit automatically extended under Subsection
103	103	(j-1) continues to be subject to conditions contained in the permit
104	104	as issued before the automatic extension.
105	105	(r) This subsection applies only to a district that requires
106	106	separate operating permits to authorize groundwater production
107	107	associated with the export of groundwater. A permit holder
108	108	authorized to export groundwater under this section may not export
109	109	an amount of groundwater in excess of the amount of groundwater
110	110	authorized to be produced under one or more associated operating
111	111	permits. The district may authorize a permit holder to export an
112	112	amount that exceeds the amount authorized to be produced under
113	113	operating permits associated with the export authorization if:
114	114	(1) the district issues operating permits that vary in
115	115	the amount of groundwater authorized to be produced in:
116	116	(A) different years; or
117	117	(B) different permit terms; and
118	118	(2) the export authorization states that the permit
119	119	holder may not export an amount of groundwater greater than the
120	120	amount of groundwater authorized for the associated operating
121	121	permit during the corresponding year or permit term.
122	122	SECTION 4. Sections 36.122(k), (l), (n), (o), and (q),
123	123	Water Code, are repealed.
124	124	SECTION 5. This Act takes effect immediately if it receives
125	125	a vote of two-thirds of all the members elected to each house, as
126	126	provided by Section 39, Article III, Texas Constitution. If this
127	127	Act does not receive the vote necessary for immediate effect, this
128	128	Act takes effect September 1, 2017.