By Christian H.B. No. 2668
77R3399 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on the transfer of groundwater from a
1-3 rural county to another county.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 11, Water Code, is amended by adding
1-6 Subchapter K to read as follows:
1-7 SUBCHAPTER K. RESTRICTIONS ON TRANSFER OF GROUNDWATER
1-8 Sec. 11.551. NONAPPLICABILITY OF SUBCHAPTER. This subchapter
1-9 does not apply to a transfer of groundwater from:
1-10 (1) a groundwater conservation district; or
1-11 (2) a county with a population of more than 50,000.
1-12 Sec. 11.552. PERMIT REQUIRED. (a) A person must obtain a
1-13 permit from the commission before:
1-14 (1) increasing, on or after September 1, 2001, the
1-15 amount of groundwater to be transferred from a county in this state
1-16 to another county under a continuing arrangement in effect before
1-17 that date; or
1-18 (2) transferring groundwater from a county in this
1-19 state to another county on or after September 1, 2001, under a new
1-20 arrangement.
1-21 (b) An application for a permit under this section must
1-22 include information regarding the number and types of users of
1-23 groundwater from the aquifer from which the groundwater is proposed
1-24 to be transferred.
2-1 (c) The commission may impose a reasonable fee for
2-2 processing an application for a permit under this section.
2-3 Sec. 11.553. NOTICE AND HEARING. (a) Before determining
2-4 whether to issue a permit under this section, the commission must
2-5 mail notice of the application to:
2-6 (1) each water supply system that uses groundwater
2-7 from the aquifer from which the groundwater is proposed to be
2-8 transferred;
2-9 (2) the commissioners court of the county from which
2-10 the groundwater is proposed to be transferred;
2-11 (3) each mayor of a municipality with a population of
2-12 1,000 or more located in the county from which the groundwater is
2-13 proposed to be transferred;
2-14 (4) each groundwater conservation district whose
2-15 jurisdiction includes any part of the aquifer from which the
2-16 groundwater is proposed to be transferred; and
2-17 (5) each state legislator whose district is located in
2-18 whole or in part in:
2-19 (A) the county from which the groundwater is
2-20 proposed to be transferred; or
2-21 (B) the county to which the groundwater is
2-22 proposed to be transferred.
2-23 (b) The applicant must publish notice of the application
2-24 once a week for two consecutive weeks in a newspaper of general
2-25 circulation in the county from which the groundwater is proposed to
2-26 be transferred and in the county to which the groundwater is
2-27 proposed to be transferred. The published notice may not be
3-1 smaller than 96.8 square centimeters or 15 square inches, with the
3-2 shortest dimension being at least 7.6 centimeters or three inches.
3-3 (c) The applicant shall pay the cost of mailing the notice.
3-4 The commission by rule may establish procedures for payment of the
3-5 cost.
3-6 (d) If the application is contested in a manner requiring an
3-7 evidentiary hearing under the rules of the commission, the
3-8 commission must give notice and hold an evidentiary hearing, in
3-9 accordance with commission rules and applicable state law.
3-10 Sec. 11.554. CONSIDERATIONS IN DETERMINING WHETHER TO ISSUE
3-11 PERMIT. In determining whether to issue a permit under this
3-12 section, the commission shall consider:
3-13 (1) the availability of water in the county from which
3-14 the groundwater is proposed to be transferred and in the proposed
3-15 receiving area during the period for which the water supply is
3-16 requested;
3-17 (2) the availability of feasible and practicable
3-18 alternative supplies to the applicant;
3-19 (3) the purposes for which the proposed receiving area
3-20 will use the water and the amount of water that will be used for
3-21 each purpose;
3-22 (4) the projected effect of the proposed transfer on:
3-23 (A) aquifer conditions;
3-24 (B) groundwater depletion;
3-25 (C) subsidence; and
3-26 (D) groundwater users within the county from
3-27 which the groundwater is proposed to be transferred; and
4-1 (5) the approved regional water plan for the regional
4-2 water planning area that includes the county from which the
4-3 groundwater is proposed to be transferred.
4-4 Sec. 11.555. LOCAL APPROVAL OF PERMIT ISSUANCE. (a) If the
4-5 commission decides to issue a permit, the commission must mail, by
4-6 certified mail in the manner provided by commission rules, written
4-7 notice of its intent to issue the permit to:
4-8 (1) the water supply system that uses groundwater from
4-9 the aquifer from which the groundwater is proposed to be
4-10 transferred if the system is the only user of that groundwater; or
4-11 (2) if Subdivision (1) does not apply, the
4-12 commissioners court of the county from which the groundwater is
4-13 proposed to be transferred.
4-14 (b) The governing body of the water supply system or the
4-15 commissioners court of the county, as applicable, may notify the
4-16 commission in writing whether the governing body or commissioners
4-17 court approves the issuance of the permit.
4-18 Sec. 11.556. ISSUANCE OF PERMIT. (a) The commission may
4-19 issue a permit only if:
4-20 (1) the commission receives notice under Section
4-21 11.555(b) that the governing body of the water supply system or the
4-22 commissioners court of the county, as applicable, approves the
4-23 issuance of the permit; or
4-24 (2) the commission does not receive notice under
4-25 Section 11.555(b) within 30 days after the date the commission
4-26 mails notice of its intent to issue the permit under Section
4-27 11.555(a).
5-1 (b) The permit shall specify:
5-2 (1) the amount of groundwater that may be transferred
5-3 from the county; and
5-4 (2) the period for which the groundwater may be
5-5 transferred.
5-6 Sec. 11.557. RULES. The commission shall adopt rules as
5-7 necessary to implement this section.
5-8 SECTION 2. This Act takes effect September 1, 2001.