Texas 2017 - 85th Regular

Texas House Bill HB4162 Compare Versions

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

Old	New	Differences
1	1	85R15744 GRM-F
2	2	By: Larson H.B. No. 4162
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;
23	23	(3) the proposed use of water is dedicated to any
24	24	beneficial use;
25	25	(4) the proposed use of water is consistent with the
26	26	district's approved management plan;
27	27	(5) if the well will be located in the Hill Country
28	28	Priority Groundwater Management Area, the proposed use of water
29	29	from the well is wholly or partly to provide water to a pond, lake,
30	30	or reservoir to enhance the appearance of the landscape;
31	31	(6) the applicant has agreed to avoid waste and
32	32	achieve water conservation; and
33	33	(7) the applicant has agreed that reasonable diligence
34	34	will be used to protect groundwater quality and that the applicant
35	35	will follow well plugging guidelines at the time of well closure.
36	36	SECTION 2. The heading to Section 36.122, Water Code, is
37	37	amended to read as follows:
38	38	Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER OUT OF
39	39	DISTRICT.
40	40	SECTION 3. Section 36.122, Water Code, is amended by
41	41	amending Subsections (a), (b), (c), and (d) and adding Subsections
42	42	(f-1) and (f-2) to read as follows:
43	43	(a) This section applies to [If] an application for a permit
44	44	or an amendment to a permit under Section 36.113 that proposes the
45	45	export [transfer] of groundwater for use outside of a district's
46	46	boundaries[, the district may also consider the provisions of this
47	47	section in determining whether to grant or deny the permit or permit
48	48	amendment].
49	49	(b) A district may promulgate rules requiring a person to
50	50	obtain an operating [a] permit or an amendment to an operating [a]
51	51	permit under Section 36.113 from the district to produce and export
52	52	[for the transfer of] groundwater. A district may not require a
53	53	separate permit for the export of groundwater for use outside [out]
54	54	of the district [to:
55	55	[(1) increase, on or after March 2, 1997, the amount of
56	56	groundwater to be transferred under a continuing arrangement in
57	57	effect before that date; or
58	58	[(2) transfer groundwater out of the district on or
59	59	after March 2, 1997, under a new arrangement].
60	60	(c) Except as provided in Subsection (e) [Section
61	61	36.113(e)], the district may not impose more restrictive
62	62	requirements or permit conditions on exporters [transporters] than
63	63	the district imposes on [existing] in-district users. A district
64	64	may not deny a permit because the applicant intends to export
65	65	groundwater for use outside of the district.
66	66	(d) The district may impose a reasonable fee for processing
67	67	an application under this section. The fee may not exceed fees that
68	68	the district imposes for processing other applications under
69	69	Section 36.113. An application filed under [to comply with] this
70	70	section shall be considered and processed under the same procedures
71	71	as other applications for permits under Section 36.113 [and shall
72	72	be combined with applications filed to obtain a permit for
73	73	in-district water use under Section 36.113 from the same
74	74	applicant].
75	75	(f-1) A term for a permit issued under this section that
76	76	existed on May 29, 2017, shall automatically be extended on or
77	77	before its expiration:
78	78	(1) to a term that is not shorter than the term of an
79	79	operating permit for the production of water to be exported that is
80	80	in effect at the time of the extension; and
81	81	(2) for each additional term for which that operating
82	82	permit for production is renewed under Section 36.1145 or remains
83	83	in effect under Section 36.1146.
84	84	(f-2) A term automatically extended under Subsection (f-1)
85	85	continues to be subject to conditions contained in the permit as
86	86	issued before the automatic extension.
87	87	SECTION 4. Sections 36.122(f), (g), (h), (i), (j), (k),
88	88	(l), (m), (n), (o), (p), and (q), Water Code, are repealed.
89	89	SECTION 5. (a) A permit to export groundwater approved by a
90	90	groundwater conservation district before the effective date of this
91	91	Act is validated and confirmed in all respects. This subsection
92	92	does not apply to a permit to export groundwater that is subject to
93	93	litigation:
94	94	(1) that is pending on the effective date of this Act;
95	95	or
96	96	(2) that results in final judgment that may not be
97	97	appealed that the permit is invalid.
98	98	(b) An administratively complete permit application to
99	99	export groundwater received by a groundwater conservation district
100	100	before the effective date of this Act is governed by the law in
101	101	effect when the application became administratively complete. The
102	102	former law is continued for the purpose of processing an
103	103	application received before the effective date of this Act.
104	104	SECTION 6. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2017.