88R11809 ANG-F
By: Gerdes H.B. No. 5052
A BILL TO BE ENTITLED
AN ACT
relating to the criteria considered by groundwater conservation
districts before granting or denying a permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.113(d), Water Code, is amended to
read as follows:
(d) This subsection does not apply to the renewal of an
operating permit issued under Section 36.1145. Before granting or
denying a permit, or a permit amendment issued in accordance with
Section 36.1146, the district shall consider whether:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fees;
(2) the proposed use of water unreasonably affects:
(A) existing groundwater and surface water
resources; [or]
(B) existing permit holders; or
(C) wells that are exempt from the requirement to
obtain a permit under this chapter or district rules;
(3) the proposed use of water is dedicated to any
beneficial use;
(4) the proposed use of water is consistent with the
district's approved management plan;
(5) if the well will be located in the Hill Country
Priority Groundwater Management Area, the proposed use of water
from the well is wholly or partly to provide water to a pond, lake,
or reservoir to enhance the appearance of the landscape;
(6) the applicant has agreed to avoid waste and
achieve water conservation; and
(7) the applicant has agreed that reasonable diligence
will be used to protect groundwater quality and that the applicant
will follow well plugging guidelines at the time of well closure.
SECTION 2. 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, 2023.