By: Guillen H.B. No. 3577
A BILL TO BE ENTITLED
AN ACT
relating to permits for the production of groundwater in a
designated brackish groundwater production zone in the Brush
Country Groundwater Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 8852, Special District
Local Laws Code, is amended by adding Section 8852.109 to read as
follows:
Sec. 8852.109. EFFECTS OF PRODUCTION FROM DESIGNATED
BRACKISH GROUNDWATER PRODUCTION ZONE. (a) In reviewing an
application for proposed production of groundwater from a well
located in a designated brackish groundwater production zone
identified under Section 16.060(b)(5), Water Code, the district
shall determine whether the proposed production would have a
negative effect on:
(1) the availability of water in the district;
(2) the conditions of any aquifer that overlies the
district;
(3) subsidence in the district;
(4) existing permit holders or other groundwater users
in the district;
(5) any applicable approved regional water plan or
certified district management plan; and
(6) the desired future conditions of the aquifers
within the district and the managed available groundwater for the
aquifers.
(b) If the district determines under Subsection (a) that the
proposed production would have a negative effect, the district may
impose on the permit requirements or limitations, in addition to
the conditions authorized by Chapter 36, Water Code, that are
designed to minimize the effect.
SECTION 2. The change in law made by Section 8852.109,
Special District Local Laws Code, as added by this Act, applies only
to an application for production from a well submitted to a
groundwater conservation district on or after the effective date of
this Act. An application submitted before the effective date is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 3. 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, 2019.