78R9984 SGA-F
By: Madla S.B. No. 1886
A BILL TO BE ENTITLED
AN ACT
relating to the administration, powers, duties, taxing authority,
and operation of the Kinney County Groundwater Conservation
District and the development and management of groundwater
resources in Kinney County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Chapter 1344, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding
Subdivision (3) to read as follows:
(3) "Historic use" means the withdrawal and beneficial
use of groundwater for any purpose on or before September 1, 2001.
SECTION 2. Chapter 1344, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Sections 5A, 5B, and 5C
to read as follows:
Sec. 5A. HISTORIC USE PERMITS. (a) In adopting rules
limiting groundwater production, the district shall preserve
historic use to the maximum extent practicable.
(b) The owner of a well that has been put to historic use may
apply for a historic use permit from the district on or before
October 1, 2003. The application must be accompanied by:
(1) an application fee in an amount set by the
district; and
(2) a declaration of historic use.
(c) The district shall issue a historic use permit to a well
owner for the annual production of groundwater in an amount equal to
the maximum amount of groundwater produced from the well for
beneficial use without waste during any one calendar year of
historic use if the well owner:
(1) complies with Subsection (b) of this section; and
(2) establishes historic use by a preponderance of the
evidence.
(d) If the period of historic use of a well is less than one
calendar year, the district shall issue a historic use permit to the
well owner for the annual production of groundwater in an amount
equal to the amount of groundwater that would normally be used
beneficially for a calendar year without waste for each purpose for
which the groundwater had actually been used during the period of
historic use.
(e) If the district issues a historic use permit, the
district shall issue the permit without a term, and the permit
remains in effect until the permit is abandoned, canceled, or
retired.
(f) On written notice to the district identifying each party
or permit involved and without being required to obtain a permit
amendment, the holder of a historic use permit may for any purpose:
(1) lease groundwater rights recognized in the
historic use permit;
(2) transfer, assign, or convey the historic use
permit; or
(3) aggregate groundwater rights recognized in the
historic use permit with groundwater rights recognized in other
permits issued by the district, provided that each aggregated right
involves the production of groundwater from the same aquifer
formation and any separate and distinct hydrogeologic unit of the
aquifer formation.
Sec. 5B. NEW PERMITS. (a) The district may consider a new
permit application after the district has:
(1) acted on all applications for historic use permits
filed under Section 5A of this Act; and
(2) implemented a management plan certified under
Section 36.1072, Water Code.
(b) The district shall base a decision on a new permit
application, including a decision regarding the imposition of
spacing or production limitations, on specific hydrogeologic
conditions occurring in any separate and distinct hydrogeologic
units within aquifer formations in the district. The district may
not base a decision on a new permit application on the contiguity of
the applicant's surface acreage.
(c) As part of its procedures for acting on new permit
applications, the district shall develop a procedure for allowing
an applicant to initiate district action to create a management
zone for an area having hydrogeologic conditions that warrant
special management considerations or a particularized management
scheme.
Sec. 5C. METERING AND MEASURING WELL PRODUCTION. (a) A
well that produces 25,000 gallons or less of groundwater a day for
domestic or livestock use is exempt from district rules concerning
metering a well or measuring well production.
(b) The district shall pay the costs of purchasing,
installing, and maintaining any meter or measuring device that the
district requires for a well.
SECTION 3. Section 6, Chapter 1344, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding
Subsections (j) and (k) to read as follows:
(j) Section 36.056(c), Water Code, does not apply to the
district.
(k) A person may not serve as a director or manager of the
district or as an engineer, attorney, or other person providing
professional services to the district if the person:
(1) is related within the third degree of affinity or
consanguinity to a person who serves or has served as a director or
manager of the district or as an engineer, attorney, or other person
providing professional services to the district; or
(2) is a party to a contract with a person described by
Subdivision (1) of this subsection.
SECTION 4. Section 11, Chapter 1344, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsection (b) and adding Subsection (d) to read as follows:
(b) The district may impose a fee on groundwater [water]
exported out of the district. Revenue generated from fees under
this subsection must be used solely for purposes of economic
development and primary and secondary education in the district.
To ensure the fulfillment of those purposes, the district shall
transfer the revenue immediately after collection to the West
Nueces-Las Moras Soil & Water Conservation District #236, which
shall manage and dispense the revenue for the purposes stated.
(d) Notwithstanding Subsection (c) of this section, the
district may not assess a production fee for a well unless the
district:
(1) has issued a permit for the well; and
(2) imposes property taxes to pay the maintenance and
operating expenses of the district at the maximum rate permitted by
Subsection (a) of this section, unless the fee is set at a nominal
amount.
SECTION 5. (a) Any rules of the Kinney County Groundwater
Conservation District that are inconsistent with this Act are
superseded by this Act.
(b) 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.