By: Kolkhorst S.B. No. 1080
(In the Senate - Filed February 22, 2023; March 9, 2023,
read first time and referred to Committee on Water, Agriculture &
Rural Affairs; March 21, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 21, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1080 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to a mitigation program and fees for the Lost Pines
Groundwater Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 8849, Special District
Local Laws Code, is amended by adding Section 8849.107 to read as
follows:
Sec. 8849.107. MITIGATION PROGRAM. (a) The district by
rule may establish a mitigation program to address excessive
drawdown of an aquifer or subdivision of an aquifer in the district
that results in:
(1) the potentiometric surface being below a desired
future condition; or
(2) nonproductive wells.
(b) A mitigation program established under this section
may:
(1) reduce groundwater production from the aquifer or
subdivision of an aquifer that is the subject of the program; or
(2) provide reimbursement for the cost of repairing or
replacing wells to access groundwater below the potentiometric
surface of the aquifer or subdivision of an aquifer that is the
subject of the program.
(c) The district may fund the mitigation program with
production fees, export fees, or any other revenue available to the
district.
SECTION 2. Section 8849.151, Special District Local Laws
Code, is amended to read as follows:
Sec. 8849.151. [PUMPING] FEES. (a) The district may
assess production [regulatory pumping] fees under Section
36.205(c), Water Code, and export fees under Section 36.122, Water
Code [for water produced in or exported from the district].
(b) The production [regulatory pumping] fees the district
assesses for water for crop or livestock production or other
agricultural uses may not exceed 20 percent of the rate applied to
water for municipal uses.
(c) Production [Regulatory pumping] fees [based on the
amount of water withdrawn from a well] may not exceed:
(1) $1 for each acre-foot for water used to irrigate
agricultural crops; or
(2) 17 cents for each thousand gallons for water used
for any other purpose.
[(d) Combined regulatory pumping fees for production and
export of water may not exceed 17 cents for each thousand gallons
for water used.]
SECTION 3. Mitigation payments and fees assessed before the
effective date of this Act are ratified, confirmed, and validated
in all respects.
SECTION 4. 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.
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