78R7198 RCJ-D

By:  Cook of Colorado                                             H.B. No. 1618



A BILL TO BE ENTITLED

AN ACT

relating to allowing groundwater conservation districts to limit 
the export of water.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 36.122, Water Code, is amended by 
amending Subsections (c), (f), (g), and (o) and adding Subsection 
(r) to read as follows:
	(c)  Except as provided in Section 36.113(e) and Subsection 
(r), the district may not impose more restrictive permit conditions 
on transporters than the district imposes on existing in-district 
users.
	(f)  In reviewing a proposed transfer of groundwater out of 
the district, the district shall consider:
		(1)  the availability of water in the district and in 
the proposed receiving area during the period for which the water 
supply is requested;
		(2)  the projected effect of the proposed transfer on 
aquifer conditions, depletion, subsidence, or effects on existing 
permit holders or other groundwater users within the district; 
[and]
		(3)  the approved regional water plan and certified 
district management plan; and
		(4)  studies of the area concerning the district's 
ability to meet its projected future water demand.
	(g)  The district may not deny a permit based on the fact that 
the applicant seeks to transfer groundwater outside of the district 
but may limit a permit issued under this section if conditions in 
Subsection (f) or (r) warrant the limitation, subject to Subsection 
(c).
	(o)  A district shall adopt rules as necessary to implement 
this section but, except as authorized by Subsection (r), may not 
adopt rules expressly prohibiting the export of groundwater.
	(r)  A district may restrict the export of groundwater if the 
district determines that studies of the area indicate that the 
district will be unable to meet its projected future water demand.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies to a permit application filed with the Texas Commission on 
Environmental Quality on or after or pending before the commission 
on the effective date of this Act.