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Amend CSSB 3 as follows:
On page 18, after line 2, add new Section 2.09 as follows and
renumbering subsequent sections accordingly:
SECTION 2.09. Chapter 11, Water Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. REMEDIES FOR INTERFERENCE WITH
DOMESTIC OR AGRICULTURAL WATER WELL
Sec. 11.551. APPLICABILITY. This subchapter applies only
to a high-capacity water well that is not owned by a municipality
and that:
(1) is used for a purpose other than domestic or
agricultural use; and
(2) is located outside a groundwater conservation
district.
Sec. 11.552. PETITION FOR REVIEW. (a) An owner of a
domestic or agricultural well may petition the applicable
groundwater management area council for the groundwater management
area in which the petitioner's well is located to review the
operation of a high-capacity well subject to this subchapter and
that may be interfering with petitioner's well.
(b) The petition must demonstrate how the operation of the
high-capacity well is interfering with the operation or production
rate of the petitioner's well.
(c) Within 60 days of receipt of the petition, the
groundwater management area council shall decide whether to accept
the petition for review. If the council decides to accept the
petition, it shall notify the petitioner and the owner of the
high-capacity well of the date and time of a public hearing at which
the council shall gather all relevant information to evaluate the
petition and evaluate the need for modification of the operation of
the high-capacity well. If the council decides not to accept the
petition, it shall so inform the petitioner and shall provide an
explanation of why it has decided not to accept the petition. The
council may request technical assistance from the executive
director in their review of a petition.
(d) A hearing under this section is not subject to the
provisions of Section 2001, Subchapter C of the Government Code.
(e) Based on the information in the petition and any
relevant information gathered at a the public hearing held under
subsection (c) of this section, the council shall, within 60 days of
the public hearing, make findings and recommendations regarding:
i. The extent to which the operation of the
high-capacity well is interfering with the operation of
petitioner's well;
ii. The extent to which the operation of the
high-capacity well is inconsistent with the desired future
condition of the aquifer as adopted by the council; and
iii. The modifications that are necessary in the
operation of the high-capacity well to ensure that its operation
does not interfere with petitioner's well and that its operation is
consistent with the desired future condition of the aquifer.
(f) A finding by the council that the operation of the high
capacity well is not interfering with petitioner's well must be
based on scientific information that clearly overcomes the
information provided by the petitioner.
(g) The council shall provide its findings and
recommendations in writing and by certified mail to both the
petitioner and the owner of the high-capacity well. If the owner of
the high-capacity well declines to make the modifications
recommended by the council, the petitioner may file a request for
relief in the district court for the county in which the
petitioner's well is located seeking an injunction that requires
the owner of the high-capacity well to implement the council's
recommendations.
(h) The action for injunctive relief shall be a trial de
novo, but the district court shall receive into evidence and
consider the findings recommendations of the council.
(i) In such an action, the burden of proof to show why the
council's recommendations should not be implemented shall be on the
owner of the high-capacity well.