| 1 | 1 | | 86R10318 SLB-F |
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| 2 | 2 | | By: Hinojosa S.B. No. 1842 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to permits for the production of groundwater in a |
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| 8 | 8 | | designated brackish groundwater production zone in the Brush |
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| 9 | 9 | | Country Groundwater Conservation District. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 8852, Special District |
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| 12 | 12 | | Local Laws Code, is amended by adding Section 8852.109 to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 8852.109. EFFECTS OF PRODUCTION FROM DESIGNATED |
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| 15 | 15 | | BRACKISH GROUNDWATER PRODUCTION ZONE. (a) In reviewing an |
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| 16 | 16 | | application for proposed production of groundwater from a well |
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| 17 | 17 | | located in a designated brackish groundwater production zone |
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| 18 | 18 | | identified under Section 16.060(b)(5), Water Code, the district |
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| 19 | 19 | | shall determine whether the proposed production would have a |
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| 20 | 20 | | negative effect on: |
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| 21 | 21 | | (1) the availability of water in the district; |
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| 22 | 22 | | (2) the conditions of any aquifer that overlies the |
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| 23 | 23 | | district; |
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| 24 | 24 | | (3) subsidence in the district; |
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| 25 | 25 | | (4) existing permit holders or other groundwater users |
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| 26 | 26 | | in the district; |
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| 27 | 27 | | (5) any applicable approved regional water plan or |
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| 28 | 28 | | certified district management plan; and |
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| 29 | 29 | | (6) the desired future conditions of the aquifers |
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| 30 | 30 | | within the district and the managed available groundwater for the |
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| 31 | 31 | | aquifers. |
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| 32 | 32 | | (b) If the district determines under Subsection (a) that the |
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| 33 | 33 | | proposed production would have a negative effect, the district may |
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| 34 | 34 | | impose on the permit requirements or limitations, in addition to |
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| 35 | 35 | | the conditions authorized by Chapter 36, Water Code, that are |
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| 36 | 36 | | designed to minimize the effect. |
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| 37 | 37 | | SECTION 2. The change in law made by Section 8852.109, |
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| 38 | 38 | | Special District Local Laws Code, as added by this Act, applies only |
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| 39 | 39 | | to an application for production from a well submitted to a |
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| 40 | 40 | | groundwater conservation district on or after the effective date of |
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| 41 | 41 | | this Act. An application submitted before the effective date is |
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| 42 | 42 | | governed by the law in effect on the date the application was |
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| 43 | 43 | | submitted, and the former law is continued in effect for that |
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| 44 | 44 | | purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2019. |
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