| 1 | 1 | | 88R6134 SCL-D |
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| 2 | 2 | | By: Gerdes H.B. No. 3314 |
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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 a mitigation program and fees for the Lost Pines |
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| 8 | 8 | | Groundwater Conservation District. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 8849, Special District |
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| 11 | 11 | | Local Laws Code, is amended by adding Section 8849.107 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 8849.107. MITIGATION PROGRAM. (a) In this section, |
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| 14 | 14 | | "potentiometric surface" means an imaginary surface representing |
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| 15 | 15 | | the static head of groundwater in a tightly cased well that taps a |
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| 16 | 16 | | water-bearing rock unit; or, in the case of unconfined aquifers, |
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| 17 | 17 | | the water table. |
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| 18 | 18 | | (b) The district by rule may establish a mitigation program |
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| 19 | 19 | | to address excessive drawdown of an aquifer or subdivision of an |
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| 20 | 20 | | aquifer in the district that results in: |
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| 21 | 21 | | (1) the potentiometric surface being below a desired |
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| 22 | 22 | | future condition; or |
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| 23 | 23 | | (2) nonproductive wells. |
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| 24 | 24 | | (c) A mitigation program established under this section |
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| 25 | 25 | | may: |
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| 26 | 26 | | (1) reduce groundwater production from the aquifer or |
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| 27 | 27 | | subdivision of an aquifer that is the subject of the program; or |
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| 28 | 28 | | (2) provide reimbursement for the cost of repairing |
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| 29 | 29 | | wells to access groundwater below the potentiometric surface of the |
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| 30 | 30 | | aquifer or subdivision of an aquifer that is the subject of the |
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| 31 | 31 | | program. |
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| 32 | 32 | | (d) The district may fund the mitigation program with |
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| 33 | 33 | | production fees, export fees, or any other revenue available to the |
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| 34 | 34 | | district. |
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| 35 | 35 | | SECTION 2. Section 8849.151, Special District Local Laws |
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| 36 | 36 | | Code, is amended to read as follows: |
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| 37 | 37 | | Sec. 8849.151. [PUMPING] FEES. (a) The district may |
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| 38 | 38 | | assess production [regulatory pumping] fees under Section |
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| 39 | 39 | | 36.205(c), Water Code, and export fees under Section 36.122, Water |
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| 40 | 40 | | Code [for water produced in or exported from the district]. |
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| 41 | 41 | | (b) The production [regulatory pumping] fees the district |
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| 42 | 42 | | assesses for water for crop or livestock production or other |
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| 43 | 43 | | agricultural uses may not exceed 20 percent of the rate applied to |
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| 44 | 44 | | water for municipal uses. |
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| 45 | 45 | | (c) Production [Regulatory pumping] fees [based on the |
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| 46 | 46 | | amount of water withdrawn from a well] may not exceed: |
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| 47 | 47 | | (1) $1 for each acre-foot for water used to irrigate |
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| 48 | 48 | | agricultural crops; or |
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| 49 | 49 | | (2) 17 cents for each thousand gallons for water used |
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| 50 | 50 | | for any other purpose. |
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| 51 | 51 | | [(d) Combined regulatory pumping fees for production and |
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| 52 | 52 | | export of water may not exceed 17 cents for each thousand gallons |
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| 53 | 53 | | for water used.] |
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| 54 | 54 | | SECTION 3. Mitigation payments and fees assessed before the |
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| 55 | 55 | | effective date of this Act are ratified, confirmed, and validated |
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| 56 | 56 | | in all respects. |
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| 57 | 57 | | SECTION 4. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2023. |
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