78R6802 QS-F

By:  Gattis                                                       H.B. No. 2417



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of the transfer of groundwater out of a 
groundwater conservation district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 36.122, Water Code, is amended by 
amending Subsections (c), (g), and (k) and adding Subsections (r), 
(s), and (t) to read as follows:
	(c)  Except as provided in Section 36.113(e) and Subsections 
(r) and (t) of this section, the district may not impose more 
restrictive permit conditions on transporters than the district 
imposes on existing in-district users.
	(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) warrant the limitation, subject to Subsection (c), 
or if the district is experiencing or is expected to experience 
critical groundwater problems, as provided by Subsection (r).
	(k)  Notwithstanding the period specified in Subsections (i) 
and (j) during which water may be transferred under a permit, a 
district may periodically review the amount of water that may be 
transferred under the permit and may limit the amount if additional 
factors considered in Subsection (f) warrant the limitation, 
subject to Subsection (c), or if the district is experiencing or is 
expected to experience critical groundwater problems, as provided 
by Subsection (r).  The review described by this subsection may take 
place not more frequently than the period provided for the review or 
renewal of regular permits issued by the district.  In its 
determination of whether to renew a permit issued under this 
section, the district shall consider relevant and current data for 
the conservation of groundwater resources and shall consider the 
permit in the same manner it would consider any other permit in the 
district.
	(r)  A district may impose more restrictive permit 
conditions on transporters than the district imposes on in-district 
users if an area within the district is experiencing, or is expected 
to experience within the next 30 years, critical groundwater 
problems, including:
		(1)  a shortage of surface water or groundwater;                       
		(2)  land subsidence resulting from groundwater 
withdrawal; or       
		(3)  contamination of groundwater supplies.                            
	(s)  A determination of the existence or the anticipated 
existence of critical groundwater problems must be based on the 
district's groundwater availability modeling included in its 
groundwater management plan.
	(t)  Once a permit to transport groundwater out of the 
district has been issued by a district, the district may not impose 
more restrictive permit conditions on that transporter than the 
district imposes on in-district users unless the district provides 
that transporter a minimum of 15 years' written notice.
	SECTION 2.  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, 2003.