| 1 | 1 | | S.B. No. 1080 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to a mitigation program and fees for the Lost Pines |
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| 6 | 6 | | Groundwater Conservation District. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter C, Chapter 8849, Special District |
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| 9 | 9 | | Local Laws Code, is amended by adding Section 8849.107 to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 8849.107. MITIGATION PROGRAM. (a) The district |
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| 12 | 12 | | shall, by rule adopted in accordance with Section 36.101, Water |
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| 13 | 13 | | Code, establish a mitigation program to address excessive drawdown |
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| 14 | 14 | | of an aquifer or subdivision of an aquifer in the district that |
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| 15 | 15 | | results in: |
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| 16 | 16 | | (1) the potentiometric surface being below a desired |
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| 17 | 17 | | future condition; or |
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| 18 | 18 | | (2) nonproductive wells. |
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| 19 | 19 | | (b) In order to provide a balance between the highest |
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| 20 | 20 | | practicable level of groundwater production and the conservation, |
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| 21 | 21 | | preservation, protection, recharge, and prevention of waste of |
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| 22 | 22 | | groundwater and control of subsidence, a mitigation program |
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| 23 | 23 | | established under this section may provide reimbursement for the |
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| 24 | 24 | | cost of repairing or replacing wells described by Section |
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| 25 | 25 | | 36.117(b)(1), Water Code, to access groundwater below the |
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| 26 | 26 | | potentiometric surface of the aquifer or subdivision of an aquifer |
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| 27 | 27 | | that is the subject of the program. |
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| 28 | 28 | | (c) The district shall offer to enter into a reciprocal |
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| 29 | 29 | | agreement with an adjacent groundwater conservation district or a |
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| 30 | 30 | | groundwater conservation district located in Groundwater |
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| 31 | 31 | | Management Area 12 to support a jointly managed mitigation program. |
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| 32 | 32 | | The district may fund the mitigation program with production fees, |
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| 33 | 33 | | export fees, or any other revenue available to the district. |
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| 34 | 34 | | SECTION 2. Section 8849.151, Special District Local Laws |
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| 35 | 35 | | Code, is amended to read as follows: |
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| 36 | 36 | | Sec. 8849.151. [PUMPING] FEES. (a) The district may |
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| 37 | 37 | | assess production [regulatory pumping] fees under Section |
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| 38 | 38 | | 36.205(c), Water Code, and export fees under Section 36.122, Water |
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| 39 | 39 | | Code [for water produced in or exported from the district]. |
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| 40 | 40 | | (b) The production [regulatory pumping] fees the district |
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| 41 | 41 | | assesses for water for crop or livestock production or other |
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| 42 | 42 | | agricultural uses may not exceed 20 percent of the rate applied to |
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| 43 | 43 | | water for municipal uses. |
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| 44 | 44 | | (c) Production [Regulatory pumping] fees [based on the |
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| 45 | 45 | | amount of water withdrawn from a well] may not exceed: |
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| 46 | 46 | | (1) $1 for each acre-foot for water used to irrigate |
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| 47 | 47 | | agricultural crops; or |
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| 48 | 48 | | (2) 17 cents for each thousand gallons for water used |
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| 49 | 49 | | for any other purpose. |
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| 50 | 50 | | [(d) Combined regulatory pumping fees for production and |
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| 51 | 51 | | export of water may not exceed 17 cents for each thousand gallons |
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| 52 | 52 | | for water used.] |
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| 53 | 53 | | SECTION 3. Mitigation payments and fees assessed before the |
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| 54 | 54 | | effective date of this Act are ratified, confirmed, and validated |
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| 55 | 55 | | in all respects. |
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| 56 | 56 | | SECTION 4. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2023. |
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| 61 | 61 | | ______________________________ ______________________________ |
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| 62 | 62 | | President of the Senate Speaker of the House |
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| 63 | 63 | | I hereby certify that S.B. No. 1080 passed the Senate on |
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| 64 | 64 | | March 28, 2023, by the following vote: Yeas 30, Nays 0; and that |
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| 65 | 65 | | the Senate concurred in House amendments on May 23, 2023, by the |
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| 66 | 66 | | following vote: Yeas 31, Nays 0. |
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| 67 | 67 | | ______________________________ |
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| 68 | 68 | | Secretary of the Senate |
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| 69 | 69 | | I hereby certify that S.B. No. 1080 passed the House, with |
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| 70 | 70 | | amendments, on May 17, 2023, by the following vote: Yeas 142, |
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| 71 | 71 | | Nays 1, two present not voting. |
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| 72 | 72 | | ______________________________ |
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| 73 | 73 | | Chief Clerk of the House |
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| 74 | 74 | | Approved: |
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| 75 | 75 | | ______________________________ |
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| 76 | 76 | | Date |
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| 77 | 77 | | ______________________________ |
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| 78 | 78 | | Governor |
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