1 | 1 | | By: Perry S.B. No. 1392 |
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2 | 2 | | (In the Senate - Filed March 7, 2017; March 16, 2017, read |
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3 | 3 | | first time and referred to Committee on Agriculture, Water & Rural |
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4 | 4 | | Affairs; May 10, 2017, reported adversely, with favorable |
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5 | 5 | | Committee Substitute by the following vote: Yeas 5, Nays 2; |
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6 | 6 | | May 10, 2017, sent to printer.) |
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7 | 7 | | Click here to see the committee vote |
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8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1392 By: Hinojosa |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | A BILL TO BE ENTITLED |
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12 | 12 | | AN ACT |
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13 | 13 | | relating to groundwater conservation districts. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Sections 36.001(2) and (7), Water Code, are |
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16 | 16 | | amended to read as follows: |
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17 | 17 | | (2) "Commission" means the Texas [Natural Resource |
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18 | 18 | | Conservation] Commission on Environmental Quality or its |
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19 | 19 | | successor. |
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20 | 20 | | (7) "Subdivision of a groundwater reservoir" means a |
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21 | 21 | | definable part of a groundwater reservoir in which the groundwater |
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22 | 22 | | supply will not be appreciably affected by withdrawing water from |
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23 | 23 | | any other part of the reservoir, as indicated by known geological |
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24 | 24 | | and hydrological conditions and relationships [and on foreseeable |
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25 | 25 | | economic development] at the time the subdivision is designated or |
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26 | 26 | | altered. |
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27 | 27 | | SECTION 2. Section 36.0015(b), Water Code, is amended to |
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28 | 28 | | read as follows: |
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29 | 29 | | (b) In order to provide for the conservation, preservation, |
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30 | 30 | | protection, recharging, and prevention of waste of groundwater, and |
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31 | 31 | | of groundwater reservoirs or their subdivisions, and to control |
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32 | 32 | | subsidence caused by withdrawal of water from those groundwater |
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33 | 33 | | reservoirs or their subdivisions, consistent with the objectives of |
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34 | 34 | | Section 59, Article XVI, Texas Constitution, groundwater |
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35 | 35 | | conservation districts may be created as provided by this chapter. |
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36 | 36 | | Groundwater conservation districts created as provided by this |
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37 | 37 | | chapter are the state's preferred method of groundwater management |
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38 | 38 | | in order to: |
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39 | 39 | | (1) protect property rights; |
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40 | 40 | | (2) [,] balance the conservation and development of |
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41 | 41 | | groundwater to meet the needs of this state; |
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42 | 42 | | (3) [, and] use the best available science; and |
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43 | 43 | | (4) treat each groundwater owner fairly [in the |
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44 | 44 | | conservation and development of groundwater through rules |
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45 | 45 | | developed, adopted, and promulgated by a district in accordance |
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46 | 46 | | with the provisions of this chapter]. |
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47 | 47 | | SECTION 3. Sections 36.002(a) and (b), Water Code, are |
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48 | 48 | | amended to read as follows: |
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49 | 49 | | (a) A [The legislature recognizes that a] landowner owns the |
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50 | 50 | | groundwater below the surface of the landowner's land as real |
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51 | 51 | | property. |
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52 | 52 | | (b) The groundwater ownership and rights described by this |
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53 | 53 | | section entitle the landowner, including a landowner's lessees, |
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54 | 54 | | heirs, or assigns, to: |
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55 | 55 | | (1) drill for and produce the groundwater below the |
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56 | 56 | | surface of real property, subject to Subsection (d), without |
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57 | 57 | | causing waste or malicious drainage of other property or |
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58 | 58 | | negligently causing subsidence; [and] |
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59 | 59 | | (2) the right to use groundwater for a beneficial use |
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60 | 60 | | without causing waste; and |
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61 | 61 | | (3) [have] any other right recognized under common |
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62 | 62 | | law. |
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63 | 63 | | SECTION 4. Section 36.020(a), Water Code, is amended to |
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64 | 64 | | read as follows: |
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65 | 65 | | (a) At an election to create a district, the temporary |
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66 | 66 | | directors may include a proposition for the issuance of bonds or |
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67 | 67 | | notes, the levy of taxes to retire all or part of the bonds or notes, |
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68 | 68 | | and the levy of a maintenance tax. The maintenance tax rate may not |
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69 | 69 | | exceed 37.5 [50] cents on each $100 of assessed valuation. |
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70 | 70 | | SECTION 5. Section 36.062, Water Code, is amended to read as |
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71 | 71 | | follows: |
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72 | 72 | | Sec. 36.062. OFFICES AND MEETING PLACES. (a) The board |
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73 | 73 | | shall designate from time to time and maintain one or more regular |
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74 | 74 | | offices for conducting the business of the district and maintaining |
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75 | 75 | | the records of the district. Such offices must be reasonably |
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76 | 76 | | accessible to members of the public who reside in the district and |
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77 | 77 | | may be located either inside or outside the district's boundaries |
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78 | 78 | | as determined in the discretion of the board. |
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79 | 79 | | (b) The board shall designate one or more places reasonably |
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80 | 80 | | accessible to members of the public who reside in the district |
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81 | 81 | | inside or outside the district for conducting the meetings of the |
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82 | 82 | | board. |
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83 | 83 | | SECTION 6. Section 36.101(c), Water Code, is amended to |
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84 | 84 | | read as follows: |
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85 | 85 | | (c) The board shall compile its rules and make them |
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86 | 86 | | available for use and inspection at each of the district's offices |
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87 | 87 | | [principal office]. |
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88 | 88 | | SECTION 7. Sections 36.1071(e) and (f), Water Code, are |
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89 | 89 | | amended to read as follows: |
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90 | 90 | | (e) In the management plan described under Subsection (a), |
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91 | 91 | | the district shall: |
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92 | 92 | | (1) identify the performance standards and management |
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93 | 93 | | objectives under which the district will operate to achieve the |
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94 | 94 | | management goals identified under Subsection (a); |
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95 | 95 | | (2) specify, in as much detail as possible, the |
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96 | 96 | | actions, procedures, performance, and avoidance that are or may be |
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97 | 97 | | necessary to effect the plan, including specifications and proposed |
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98 | 98 | | rules; and |
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99 | 99 | | (3) include estimates of the following: |
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100 | 100 | | (A) modeled available groundwater in the |
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101 | 101 | | district based on the desired future condition established under |
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102 | 102 | | Section 36.108; |
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103 | 103 | | (B) the amount of groundwater being used within |
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104 | 104 | | the district on an annual basis; |
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105 | 105 | | (C) the annual amount of recharge from |
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106 | 106 | | precipitation, if any, to the groundwater resources within the |
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107 | 107 | | district; |
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108 | 108 | | (D) for each aquifer, the estimated annual volume |
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109 | 109 | | of water that discharges: |
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110 | 110 | | (i) from the aquifer to springs and any |
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111 | 111 | | surface water bodies, including lakes, streams, and rivers; and |
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112 | 112 | | (ii) through evaporation or transpiration; |
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113 | 113 | | and |
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114 | 114 | | (E) the annual volume of lateral and vertical |
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115 | 115 | | flow into and out of the district within each aquifer and between |
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116 | 116 | | aquifers in the district[, if a groundwater availability model is |
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117 | 117 | | available; |
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118 | 118 | | [(F) the projected surface water supply in the |
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119 | 119 | | district according to the most recently adopted state water plan; |
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120 | 120 | | and |
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121 | 121 | | [(G) the projected total demand for water in the |
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122 | 122 | | district according to the most recently adopted state water plan; |
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123 | 123 | | and |
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124 | 124 | | [(4) consider the water supply needs and water |
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125 | 125 | | management strategies included in the adopted state water plan]. |
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126 | 126 | | (f) The district shall adopt rules necessary to implement |
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127 | 127 | | the management plan. Prior to the development of the management |
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128 | 128 | | plan and its approval under Section 36.1072, the district may not |
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129 | 129 | | adopt rules other than rules pertaining to the registration and |
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130 | 130 | | interim permitting of new and existing wells and rules governing |
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131 | 131 | | spacing and procedure before the district's board; however, the |
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132 | 132 | | district may not adopt any rules limiting the production of wells, |
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133 | 133 | | except rules requiring that groundwater produced from a well be put |
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134 | 134 | | to a nonwasteful, beneficial use. A newly created [The] district |
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135 | 135 | | may accept applications for permits under Section 36.113, provided |
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136 | 136 | | the district does not act on any such application until the |
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137 | 137 | | district's initial management plan is approved as provided in |
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138 | 138 | | Section 36.1072. |
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139 | 139 | | SECTION 8. Section 36.108, Water Code, is amended by |
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140 | 140 | | amending Subsections (c), (d), (d-3), and (d-4) and adding |
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141 | 141 | | Subsections (c-1) and (c-2) to read as follows: |
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142 | 142 | | (c) The district representatives shall meet at least |
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143 | 143 | | annually to conduct joint planning with the other districts in the |
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144 | 144 | | management area and to review the management plans, the |
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145 | 145 | | accomplishments of the management area, and proposals to adopt new |
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146 | 146 | | or amend existing desired future conditions. In reviewing the |
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147 | 147 | | management plans, the districts shall consider: |
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148 | 148 | | (1) the goals of each management plan and its impact on |
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149 | 149 | | planning throughout the management area; |
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150 | 150 | | (2) the effectiveness of the measures established by |
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151 | 151 | | each district's management plan for conserving and protecting |
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152 | 152 | | groundwater and preventing waste, and the effectiveness of these |
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153 | 153 | | measures in the management area generally; |
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154 | 154 | | (3) any other matters that the boards consider |
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155 | 155 | | relevant to the protection and conservation of groundwater and the |
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156 | 156 | | prevention of waste in the management area; and |
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157 | 157 | | (4) the degree to which [each management plan |
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158 | 158 | | achieves] the desired future conditions in the management area are |
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159 | 159 | | being achieved [established during the joint planning process]. |
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160 | 160 | | (c-1) Districts in a management area jointly shall |
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161 | 161 | | delineate the boundaries of each subdivision of a groundwater |
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162 | 162 | | reservoir in the management area, using the best available science. |
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163 | 163 | | On request by a district, the development board shall provide |
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164 | 164 | | technical assistance with the development of the initial boundaries |
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165 | 165 | | and any subsequent updates to the boundaries of a subdivision. The |
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166 | 166 | | delineated boundaries of each subdivision must be updated as |
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167 | 167 | | necessary to accurately reflect the actual boundaries. |
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168 | 168 | | (c-2) Under Subsection (c-1), a district: |
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169 | 169 | | (1) may take into consideration conditions that differ |
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170 | 170 | | substantially from one geographic area to another in delineating |
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171 | 171 | | boundaries of a subdivision of a groundwater reservoir; |
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172 | 172 | | (2) shall report to the development board the surface |
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173 | 173 | | level boundaries of a subdivision of a groundwater reservoir using |
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174 | 174 | | metes and bounds; and |
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175 | 175 | | (3) shall maintain in each office of the districts in |
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176 | 176 | | the management area copies of the delineations of the subdivisions |
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177 | 177 | | of groundwater reservoirs and the report made under Subdivision |
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178 | 178 | | (2). |
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179 | 179 | | (d) Not later than September 1, 2010, and every five years |
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180 | 180 | | thereafter, the districts shall consider groundwater monitoring |
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181 | 181 | | data, groundwater availability models, and other data or |
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182 | 182 | | information for the management area and shall propose for adoption |
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183 | 183 | | desired future conditions for the relevant aquifers within the |
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184 | 184 | | management area. Before voting on the proposed desired future |
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185 | 185 | | conditions of the aquifers under Subsection (d-2), the districts |
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186 | 186 | | shall consider: |
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187 | 187 | | (1) aquifer uses or conditions within the management |
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188 | 188 | | area, including conditions that differ substantially from one |
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189 | 189 | | geographic area to another; |
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190 | 190 | | (2) the water supply needs and water management |
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191 | 191 | | strategies included in the state water plan; |
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192 | 192 | | (3) hydrological conditions, including for each |
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193 | 193 | | aquifer in the management area the total estimated recoverable |
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194 | 194 | | storage as provided by the executive administrator, and the average |
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195 | 195 | | annual recharge, inflows, and discharge; |
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196 | 196 | | (4) other environmental impacts, including impacts on |
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197 | 197 | | spring flow and other interactions between groundwater and surface |
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198 | 198 | | water; |
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199 | 199 | | (5) the impact on subsidence; |
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200 | 200 | | (6) socioeconomic impacts reasonably expected to |
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201 | 201 | | occur; |
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202 | 202 | | (7) the impact on the interests and rights in private |
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203 | 203 | | property, including ownership and the rights of management area |
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204 | 204 | | landowners and their lessees and assigns in groundwater as |
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205 | 205 | | recognized under Section 36.002; |
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206 | 206 | | (8) the feasibility of achieving the desired future |
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207 | 207 | | condition and the degree to which any previously adopted desired |
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208 | 208 | | future condition is being achieved; and |
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209 | 209 | | (9) any other information relevant to the specific |
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210 | 210 | | desired future conditions. |
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211 | 211 | | (d-3) After the earlier of the date on which all the |
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212 | 212 | | districts have submitted their district summaries or the expiration |
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213 | 213 | | of the public comment period under Subsection (d-2), the district |
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214 | 214 | | representatives shall reconvene to review the reports, consider any |
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215 | 215 | | district's suggested revisions to the proposed desired future |
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216 | 216 | | conditions, and finally adopt the desired future conditions for the |
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217 | 217 | | management area. The desired future conditions must be approved by |
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218 | 218 | | [adopted as] a resolution adopted by a two-thirds vote of all the |
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219 | 219 | | district representatives not later than the 90th day after the date |
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220 | 220 | | the public comment period expires. Not later than the 180th day |
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221 | 221 | | after the expiration of the public comment period, the [The] |
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222 | 222 | | district representatives shall produce a desired future conditions |
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223 | 223 | | explanatory report for the management area and submit to the |
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224 | 224 | | development board and each district in the management area proof |
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225 | 225 | | that notice was posted for the joint planning meeting, a copy of the |
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226 | 226 | | resolution, and a copy of the explanatory report. The report must: |
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227 | 227 | | (1) identify each desired future condition; |
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228 | 228 | | (2) provide the policy and technical justifications |
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229 | 229 | | for each desired future condition; |
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230 | 230 | | (3) include documentation that the factors under |
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231 | 231 | | Subsection (d) were considered by the districts and a discussion of |
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232 | 232 | | how the adopted desired future conditions impact each factor; |
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233 | 233 | | (4) list other desired future condition options |
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234 | 234 | | considered, if any, and the reasons why those options were not |
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235 | 235 | | adopted; and |
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236 | 236 | | (5) discuss reasons why recommendations made by |
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237 | 237 | | advisory committees and relevant public comments received by the |
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238 | 238 | | districts were or were not incorporated into the desired future |
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239 | 239 | | conditions. |
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240 | 240 | | (d-4) Not later than the 180th day after the date the public |
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241 | 241 | | comment period expires, the district shall submit the explanatory |
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242 | 242 | | report under Subsection (d-3) to the development board and [As soon |
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243 | 243 | | as possible after a district receives the desired future conditions |
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244 | 244 | | resolution and explanatory report under Subsection (d-3), the |
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245 | 245 | | district shall] adopt the desired future conditions in the |
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246 | 246 | | resolution required by Subsection (d-3) and the explanatory report |
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247 | 247 | | that apply to the district. |
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248 | 248 | | SECTION 9. Section 36.1083(e), Water Code, is amended to |
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249 | 249 | | read as follows: |
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250 | 250 | | (e) Not later than the 10th day after receiving a petition |
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251 | 251 | | described by Subsection (b), the district shall submit a copy of the |
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252 | 252 | | petition to the development board and to each district in the |
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253 | 253 | | management area. On receipt of the petition, the development board |
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254 | 254 | | shall conduct: |
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255 | 255 | | (1) an administrative review to determine whether the |
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256 | 256 | | desired future condition established by the district meets the |
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257 | 257 | | criteria in Section 36.108(d); and |
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258 | 258 | | (2) a study containing scientific and technical |
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259 | 259 | | analysis of the desired future condition, including consideration |
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260 | 260 | | of: |
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261 | 261 | | (A) the hydrogeology of the aquifer; |
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262 | 262 | | (B) the explanatory report provided to the |
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263 | 263 | | development board under Section 36.108(d-3); |
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264 | 264 | | (C) the factors described under Section |
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265 | 265 | | 36.108(d); and |
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266 | 266 | | (D) any relevant: |
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267 | 267 | | (i) groundwater availability models; |
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268 | 268 | | (ii) published studies; |
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269 | 269 | | (iii) estimates of total recoverable |
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270 | 270 | | storage capacity; |
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271 | 271 | | (iv) average annual amounts of recharge, |
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272 | 272 | | inflows, and discharge of groundwater; or |
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273 | 273 | | (v) information provided in the petition or |
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274 | 274 | | available to the development board. |
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275 | 275 | | SECTION 10. Section 36.113(d), Water Code, is amended to |
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276 | 276 | | read as follows: |
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277 | 277 | | (d) This subsection does not apply to the renewal of an |
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278 | 278 | | operating permit issued under Section 36.1145. Before granting or |
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279 | 279 | | denying a permit, or a permit amendment issued in accordance with |
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280 | 280 | | Section 36.1146, the district shall consider whether: |
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281 | 281 | | (1) the application conforms to the requirements |
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282 | 282 | | prescribed by this chapter and is accompanied by the prescribed |
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283 | 283 | | fees; |
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284 | 284 | | (2) for each water well, the proposed spacing of the |
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285 | 285 | | wells conforms to the district's rules regulating the spacing of |
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286 | 286 | | wells under Section 36.116; |
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287 | 287 | | (3) the proposed use of water unreasonably affects |
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288 | 288 | | existing groundwater and surface water resources or existing permit |
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289 | 289 | | holders; |
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290 | 290 | | (4) the proposed annual production conforms to the |
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291 | 291 | | district's rules regulating the groundwater production of wells |
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292 | 292 | | under Section 36.116; |
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293 | 293 | | (5) [(3)] the proposed use of water is dedicated to |
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294 | 294 | | any beneficial use; |
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295 | 295 | | (6) [(4) the proposed use of water is consistent with |
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296 | 296 | | the district's approved management plan; |
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297 | 297 | | [(5)] if the well will be located in the Hill Country |
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298 | 298 | | Priority Groundwater Management Area, the proposed use of water |
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299 | 299 | | from the well is wholly or partly to provide water to a pond, lake, |
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300 | 300 | | or reservoir to enhance the appearance of the landscape; |
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301 | 301 | | (7) [(6)] the applicant has agreed to avoid waste and |
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302 | 302 | | achieve water conservation; and |
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303 | 303 | | (8) [(7)] the applicant has agreed that reasonable |
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304 | 304 | | diligence will be used to protect groundwater quality and that the |
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305 | 305 | | applicant will follow well plugging guidelines at the time of well |
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306 | 306 | | closure. |
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307 | 307 | | SECTION 11. Section 36.1131(b), Water Code, is amended to |
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308 | 308 | | read as follows: |
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309 | 309 | | (b) The permit may include: |
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310 | 310 | | (1) the name and address of the person to whom the |
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311 | 311 | | permit is issued; |
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312 | 312 | | (2) the location of the well; |
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313 | 313 | | (3) the date the permit is to expire if no well is |
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314 | 314 | | drilled; |
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315 | 315 | | (4) a statement of the purpose for which the well is to |
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316 | 316 | | be used; |
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317 | 317 | | (5) a requirement that the water withdrawn under the |
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318 | 318 | | permit be put to beneficial use at all times; |
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319 | 319 | | (6) the location of the use of the water from the well; |
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320 | 320 | | (7) a water well closure plan or a declaration that the |
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321 | 321 | | applicant will comply with well plugging guidelines and report |
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322 | 322 | | closure to the commission; |
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323 | 323 | | (8) the conditions and restrictions[, if any,] placed |
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324 | 324 | | by district rules adopted under Section 36.116 on the rate and |
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325 | 325 | | amount of withdrawal; |
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326 | 326 | | (9) any conservation-oriented methods of drilling and |
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327 | 327 | | operating prescribed by the district; |
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328 | 328 | | (10) a drought contingency plan prescribed by the |
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329 | 329 | | district; and |
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330 | 330 | | (11) other terms and conditions as provided by Section |
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331 | 331 | | 36.113. |
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332 | 332 | | SECTION 12. The heading to Section 36.1132, Water Code, is |
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333 | 333 | | amended to read as follows: |
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334 | 334 | | Sec. 36.1132. DISTRICT MANAGEMENT TO ACHIEVE DESIRED FUTURE |
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335 | 335 | | CONDITIONS [PERMITS BASED ON MODELED AVAILABLE GROUNDWATER]. |
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336 | 336 | | SECTION 13. Section 36.1132, Water Code, is amended by |
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337 | 337 | | amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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338 | 338 | | read as follows: |
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339 | 339 | | (b) In issuing permits, the district shall manage total |
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340 | 340 | | groundwater production on a long-term basis to achieve an |
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341 | 341 | | applicable desired future condition and consider: |
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342 | 342 | | (1) the modeled available groundwater determined by |
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343 | 343 | | the executive administrator; |
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344 | 344 | | (2) preparing a report on the degree to which the |
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345 | 345 | | desired future conditions are being achieved in the one-year period |
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346 | 346 | | after the collection of monitoring data from an aquifer and the |
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347 | 347 | | relevant desired future conditions; and |
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348 | 348 | | (3) participating in a joint groundwater management |
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349 | 349 | | hearing if the report prepared under Subdivision (2) indicates the |
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350 | 350 | | desired future conditions are not being achieved. |
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351 | 351 | | (b-1) Not later than the second anniversary of the date of |
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352 | 352 | | the final adoption of a desired future condition under Section |
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353 | 353 | | 36.108, and every five years thereafter, district representatives |
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354 | 354 | | in a management area shall develop a report as described by this |
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355 | 355 | | subsection. The districts shall maintain a copy of the report at |
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356 | 356 | | each district office. The report must: |
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357 | 357 | | (1) identify and compare the rules adopted under |
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358 | 358 | | Section 36.116 by each district in the management area; and |
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359 | 359 | | (2) identify differences in rules based on factors |
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360 | 360 | | considered in the establishment of desired future conditions |
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361 | 361 | | provided by Section 36.108 and the justification for those |
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362 | 362 | | differences in the rules. |
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363 | 363 | | (b-2) The joint groundwater management hearing held under |
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364 | 364 | | Subsection (b)(3) must include a public comment period on the |
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365 | 365 | | desired future conditions. During the joint groundwater management |
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366 | 366 | | hearing, the districts shall consider: |
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367 | 367 | | (1) [(2)] the executive administrator's estimate of |
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368 | 368 | | the current and projected amount of groundwater produced under |
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369 | 369 | | exemptions granted by district rules and Section 36.117; |
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370 | 370 | | (2) [(3)] the amount of groundwater authorized under |
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371 | 371 | | permits previously issued by the district; |
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372 | 372 | | (3) [(4)] a reasonable estimate of the amount of |
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373 | 373 | | groundwater that is actually produced under permits issued by the |
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374 | 374 | | district; and |
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375 | 375 | | (4) [(5)] yearly precipitation and production |
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376 | 376 | | patterns. |
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377 | 377 | | SECTION 14. Section 36.116(a), Water Code, is amended to |
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378 | 378 | | read as follows: |
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379 | 379 | | (a) In order to minimize as far as practicable the drawdown |
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380 | 380 | | of the water table or the reduction of artesian pressure, to control |
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381 | 381 | | subsidence, to prevent interference between wells, to prevent |
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382 | 382 | | degradation of water quality, or to prevent waste, a district by |
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383 | 383 | | rule may regulate: |
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384 | 384 | | (1) the spacing of water wells by: |
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385 | 385 | | (A) requiring all water wells to be spaced a |
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386 | 386 | | certain distance from property lines or adjoining wells; or |
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387 | 387 | | (B) requiring wells with a certain production |
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388 | 388 | | capacity, pump size, or other characteristic related to the |
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389 | 389 | | construction or operation of and production from a well to be spaced |
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390 | 390 | | a certain distance from property lines or adjoining wells; [or |
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391 | 391 | | [(C) imposing spacing requirements adopted by |
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392 | 392 | | the board;] and |
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393 | 393 | | (2) the production of groundwater by: |
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394 | 394 | | (A) setting production limits on wells; |
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395 | 395 | | (B) limiting the amount of water produced based |
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396 | 396 | | on acreage or tract size; |
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397 | 397 | | (C) limiting the amount of water that may be |
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398 | 398 | | produced from a defined number of acres assigned to an authorized |
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399 | 399 | | well site; |
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400 | 400 | | (D) limiting the maximum amount of water that may |
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401 | 401 | | be produced on the basis of acre-feet per acre or gallons per minute |
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402 | 402 | | per well site per acre; |
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403 | 403 | | (E) managed depletion; or |
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404 | 404 | | (F) any combination of the methods listed above |
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405 | 405 | | in Paragraphs (A) through (E). |
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406 | 406 | | SECTION 15. Sections 36.122(h) and (q), Water Code, are |
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407 | 407 | | amended to read as follows: |
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408 | 408 | | (h) In addition to conditions provided by Section 36.1131, |
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409 | 409 | | the permit shall specify: |
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410 | 410 | | (1) the maximum amount of water that may be |
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411 | 411 | | transferred out of the district; and |
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412 | 412 | | (2) the period for which the water may be transferred. |
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413 | 413 | | (q) In applying this section, a district must be fair, |
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414 | 414 | | impartial, and nondiscriminatory between the transfer of |
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415 | 415 | | groundwater outside of the district's boundaries and the use of |
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416 | 416 | | groundwater in the district. |
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417 | 417 | | SECTION 16. Section 36.201(b), Water Code, is amended to |
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418 | 418 | | read as follows: |
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419 | 419 | | (b) The board may annually levy taxes to pay the maintenance |
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420 | 420 | | and operating expenses of the district at a rate not to exceed 37.5 |
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421 | 421 | | [50] cents on each $100 of assessed valuation. |
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422 | 422 | | SECTION 17. Section 36.205(f), Water Code, is amended to |
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423 | 423 | | read as follows: |
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424 | 424 | | (f) A district[, including a district described under |
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425 | 425 | | Subsection (d),] may assess a production fee under Subsection (c) |
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426 | 426 | | and an export fee under Subsection (g), if applicable, for any water |
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427 | 427 | | produced under an exemption under Section 36.117 if that water is |
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428 | 428 | | subsequently sold to another person. |
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429 | 429 | | SECTION 18. Section 36.207, Water Code, is amended to read |
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430 | 430 | | as follows: |
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431 | 431 | | Sec. 36.207. USE OF FEES. (a) A district may use funds |
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432 | 432 | | obtained from administrative or[,] production[, or export] fees |
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433 | 433 | | collected under a special law governing the district or this |
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434 | 434 | | chapter for any purpose consistent with the district's approved |
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435 | 435 | | management plan, including, without limitation, making grants, |
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436 | 436 | | loans, or contractual payments to achieve, facilitate, or expedite |
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437 | 437 | | reductions in groundwater pumping or the development or |
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438 | 438 | | distribution of alternative water supplies. |
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439 | 439 | | (b) A district may use funds obtained from export fees |
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440 | 440 | | collected under a special law governing the district or this |
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441 | 441 | | chapter only to enhance: |
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442 | 442 | | (1) monitoring, modeling, and data collection |
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443 | 443 | | regarding aquifers managed by the district; and |
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444 | 444 | | (2) research on the advancement of the scientific |
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445 | 445 | | understanding of a district's groundwater resources. |
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446 | 446 | | SECTION 19. Sections 36.4051(a) and (d), Water Code, are |
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447 | 447 | | amended to read as follows: |
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448 | 448 | | (a) The board may take action on any uncontested application |
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449 | 449 | | at a properly noticed public meeting held at any time after the |
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450 | 450 | | public hearing at which the application is scheduled to be heard. |
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451 | 451 | | The board may issue a written order to: |
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452 | 452 | | (1) grant the application; |
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453 | 453 | | (2) grant the application with special conditions |
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454 | 454 | | provided that the applicant agrees to the conditions before the |
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455 | 455 | | issuance of the order; or |
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456 | 456 | | (3) deny the application. |
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457 | 457 | | (d) An applicant may, not later than the 20th day after the |
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458 | 458 | | date the board issues an order granting or denying the application, |
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459 | 459 | | demand a contested case hearing [if the order: |
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460 | 460 | | [(1) includes special conditions that were not part of |
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461 | 461 | | the application as finally submitted; or |
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462 | 462 | | [(2) grants a maximum amount of groundwater production |
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463 | 463 | | that is less than the amount requested in the application]. |
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464 | 464 | | SECTION 20. Section 8824.101, Special District Local Laws |
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465 | 465 | | Code, is amended to read as follows: |
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466 | 466 | | Sec. 8824.101. RESTRICTIONS ON GENERAL POWERS. Section |
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467 | 467 | | [Sections] 36.103 [and 36.104], Water Code, does [do] not apply to |
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468 | 468 | | the district. |
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469 | 469 | | SECTION 21. Section 8833.102, Special District Local Laws |
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470 | 470 | | Code, is amended to read as follows: |
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471 | 471 | | Sec. 8833.102. LIMITATIONS ON DISTRICT POWERS. The |
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472 | 472 | | district may not impose: |
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473 | 473 | | (1) a tax; [or] |
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474 | 474 | | (2) a fee on a well used exclusively for domestic or |
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475 | 475 | | livestock watering purposes; or |
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476 | 476 | | (3) production fees for an annual period greater than |
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477 | 477 | | $1 per acre-foot for water used for agricultural use or 17 cents per |
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478 | 478 | | thousand gallons for water used for any other purpose. |
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479 | 479 | | SECTION 22. Section 11, Chapter 1321, Acts of the 77th |
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480 | 480 | | Legislature, Regular Session, 2001, is amended by adding Subsection |
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481 | 481 | | (b-1) to read as follows: |
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482 | 482 | | (b-1) The district may not assess production fees for an |
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483 | 483 | | annual period greater than $1 per acre-foot for water used for |
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484 | 484 | | agricultural use or 17 cents per thousand gallons for water used for |
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485 | 485 | | any other purpose. |
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486 | 486 | | SECTION 23. The following provisions of the Water Code are |
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487 | 487 | | repealed: |
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488 | 488 | | (1) Section 36.001(31), as added by Chapter 415 (H.B. |
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489 | 489 | | 2767), Acts of the 84th Legislature, Regular Session, 2015; |
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490 | 490 | | (2) Section 36.104; |
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491 | 491 | | (3) Section 36.1072(g); |
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492 | 492 | | (4) Section 36.108(d-5); |
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493 | 493 | | (5) Sections 36.122(m) and (n); and |
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494 | 494 | | (6) Section 36.205(d). |
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495 | 495 | | SECTION 24. Not later than September 1, 2019, a groundwater |
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496 | 496 | | conservation district in a management area under Section 36.108, |
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497 | 497 | | Water Code, as amended by this Act, shall meet and delineate the |
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498 | 498 | | initial boundaries of each subdivision of a groundwater reservoir |
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499 | 499 | | in the management area as required by Section 36.108(c-1), Water |
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500 | 500 | | Code, as added by this Act. |
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501 | 501 | | SECTION 25. As soon as practicable after the effective date |
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502 | 502 | | of this Act, each groundwater conservation district shall adopt |
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503 | 503 | | rules as necessary to implement the changes in law made by this Act. |
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504 | 504 | | SECTION 26. The changes in law made by this Act apply only |
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505 | 505 | | to an application for a permit or a permit amendment that is |
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506 | 506 | | received by a groundwater conservation district on or after the |
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507 | 507 | | effective date of this Act. An application for a permit or permit |
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508 | 508 | | amendment that is received before the effective date of this Act is |
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509 | 509 | | governed by the law in effect on the date the application is |
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510 | 510 | | received, and that law is continued in effect for that purpose. |
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511 | 511 | | SECTION 27. The changes in law made by this Act apply only |
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512 | 512 | | to a suit involving a groundwater conservation district that is |
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513 | 513 | | filed on or after the effective date of this Act. A suit filed |
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514 | 514 | | before the effective date of this Act is subject to the law in |
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515 | 515 | | effect on the date the suit is filed, and that law is continued in |
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516 | 516 | | effect for that purpose. |
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517 | 517 | | SECTION 28. This Act takes effect September 1, 2017. |
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518 | 518 | | * * * * * |
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