| 1 | 1 | | 88R11809 ANG-F |
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| 2 | 2 | | By: Gerdes H.B. No. 5052 |
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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 the criteria considered by groundwater conservation |
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| 8 | 8 | | districts before granting or denying a permit. |
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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. Section 36.113(d), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (d) This subsection does not apply to the renewal of an |
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| 13 | 13 | | operating permit issued under Section 36.1145. Before granting or |
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| 14 | 14 | | denying a permit, or a permit amendment issued in accordance with |
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| 15 | 15 | | Section 36.1146, the district shall consider whether: |
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| 16 | 16 | | (1) the application conforms to the requirements |
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| 17 | 17 | | prescribed by this chapter and is accompanied by the prescribed |
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| 18 | 18 | | fees; |
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| 19 | 19 | | (2) the proposed use of water unreasonably affects: |
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| 20 | 20 | | (A) existing groundwater and surface water |
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| 21 | 21 | | resources; [or] |
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| 22 | 22 | | (B) existing permit holders; or |
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| 23 | 23 | | (C) wells that are exempt from the requirement to |
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| 24 | 24 | | obtain a permit under this chapter or district rules; |
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| 25 | 25 | | (3) the proposed use of water is dedicated to any |
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| 26 | 26 | | beneficial use; |
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| 27 | 27 | | (4) the proposed use of water is consistent with the |
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| 28 | 28 | | district's approved management plan; |
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| 29 | 29 | | (5) if the well will be located in the Hill Country |
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| 30 | 30 | | Priority Groundwater Management Area, the proposed use of water |
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| 31 | 31 | | from the well is wholly or partly to provide water to a pond, lake, |
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| 32 | 32 | | or reservoir to enhance the appearance of the landscape; |
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| 33 | 33 | | (6) the applicant has agreed to avoid waste and |
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| 34 | 34 | | achieve water conservation; and |
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| 35 | 35 | | (7) the applicant has agreed that reasonable diligence |
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| 36 | 36 | | will be used to protect groundwater quality and that the applicant |
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| 37 | 37 | | will follow well plugging guidelines at the time of well closure. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2023. |
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