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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of groundwater conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.066, Water Code, is amended by |
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amending Subsection (g) and adding Subsection (i) to read as |
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follows: |
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(g) If the district prevails in any suit other than a suit in |
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which it voluntarily intervenes, the district may seek and the |
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court may [shall] grant, in the interests of justice and as provided |
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by Subsection (h), in the same action, recovery for attorney's |
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fees, costs for expert witnesses, and other costs incurred by the |
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district before the court. The amount of the attorney's fees shall |
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be fixed by the court. |
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(i) Notwithstanding Section 36.052(a), Subsections (g) and |
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(h) of this section prevail over any other special law inconsistent |
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with those subsections unless the other law prohibits an award of |
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attorney's fees or costs. |
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SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1025 to read as follows: |
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Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with |
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a real property interest in groundwater may petition the district |
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where the property that gives rise to the real property interest is |
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located to adopt a rule or modify a rule adopted under this chapter. |
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(b) The district by rule shall prescribe the form for a |
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petition submitted under this section and the procedure for the |
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submission, consideration, and disposition of the petition. |
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(c) Not later than the 90th day after the date the district |
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receives the petition, the district shall: |
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(1) deny the petition and provide an explanation for |
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the denial; or |
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(2) engage in rulemaking consistent with the granted |
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petition. |
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(d) Nothing in this section may be construed to create a |
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private cause of action for a decision to accept or deny a petition |
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filed under this section. |
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SECTION 3. Section 36.1071, Water Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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read as follows: |
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(b) The management plan, or any amendments to the plan, |
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shall: |
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(1) be developed using the district's best available |
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data and forwarded to the regional water planning group for use in |
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their planning process; and |
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(2) include the: |
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(A) most recently approved desired future |
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conditions adopted under Section 36.108; and |
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(B) amount of modeled available groundwater |
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corresponding to the most recently approved desired future |
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conditions. |
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(b-1) A district shall amend a management plan before the |
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second anniversary of the adoption of desired future conditions |
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included under Subsection (b). |
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(b-2) If a petition challenging the reasonableness of a |
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desired future condition is filed under Section 36.1083(b), the |
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executive administrator shall consider the management plan |
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administratively complete if the district includes: |
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(1) the most recently approved desired future |
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conditions adopted under Section 36.108; |
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(2) the amount of modeled available groundwater |
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corresponding to the desired future conditions; |
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(3) a statement of the status of the petition |
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challenging the reasonableness of a desired future condition; and |
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(4) the information required by Subsections (a) and |
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(e). |
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SECTION 4. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1141 to read as follows: |
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Sec. 36.1141. NOTICE REQUIRED FOR APPLICATION FOR PERMIT OR |
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PERMIT AMENDMENT. (a) Except as provided by Subsection (b), a |
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district that has adopted rules regulating the spacing of wells |
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under Section 36.116(a)(1) to require wells to be spaced a certain |
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distance from other wells shall adopt rules requiring that notice |
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of an application for a permit or permit amendment to drill a well |
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or increase the production capacity of an existing well be provided |
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to each landowner whose: |
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(1) land is located wholly or partly within the |
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spacing distances from other wells under the spacing rules of the |
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district; and |
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(2) right to obtain a permit or permit amendment for a |
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well of a certain size or location under the spacing rules of the |
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district will be affected if the district approves the application. |
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(b) Notice is not required under Subsection (a): |
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(1) for a replacement well to be drilled at or near the |
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location of the well which it is intended to replace that has an |
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equal or lesser production capacity than the well which it is |
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intended to replace as determined by the rules of the district; |
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(2) for an emergency well necessary to mitigate a loss |
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of production capacity of an existing well as determined by the |
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rules of the district; |
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(3) if the notice is to be provided to the lessors of |
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the right to produce groundwater from a property where the |
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applicant for the permit or permit amendment is the lessee; or |
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(4) if the district: |
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(A) posts in a place readily accessible to the |
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public at the district's main office a list of the applications |
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described by Subsection (a) that includes the name of the applicant |
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and address or approximate location of the well or proposed well; |
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and |
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(B) posts on the home page of the district's |
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Internet website, if the district operates an Internet website: |
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(i) a list described by Paragraph (A); or |
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(ii) a link to a web application that |
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includes the information included on a list described by Paragraph |
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(A). |
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SECTION 5. Section 36.066, Water Code, as amended by this |
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Act, applies only to a suit involving a groundwater conservation |
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district that is filed on or after the effective date of this Act. A |
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suit filed before the effective date of this Act is subject to the |
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law in effect on the date the suit is filed, and that law is |
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continued in effect for that purpose. |
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SECTION 6. Not later than December 1, 2023, a groundwater |
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conservation district shall adopt rules to implement Section |
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36.1025, Water Code, as added by this Act. |
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SECTION 7. The changes in law made by this Act applicable to |
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a petition filed under Section 36.1083, Water Code, apply only to a |
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petition filed under that section on or after the effective date of |
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this Act. A petition filed before the effective date of this Act is |
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governed by the law in effect on the date the hearing was conducted, |
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and the former law is continued in effect for that purpose. |
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SECTION 8. Section 36.1141, Water Code, as added by this |
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Act, applies only to an application for a permit or permit amendment |
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submitted on or after the effective date of this Act. An application |
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submitted before the effective date of this Act is subject to the |
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law in effect on the date the application is submitted, and that law |
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is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2023. |
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