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79R7189 QS-F

By:  Puente                                                       H.B. No. 2424



A BILL TO BE ENTITLED

AN ACT

relating to the consideration of historic or existing use in the 
regulation of pumping by a groundwater conservation district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 36.113, Water Code, is amended by 
amending Subsections (a), (c), and (e) and adding Subsections (h), 
(i), and (j) to read as follows:
	(a)  A district shall require permits for the drilling, 
equipping, [or] completing, or operating of wells or for 
substantially altering the size of wells or well pumps.
	(c)  A district may require that the following be included in 
the permit application:
		(1)  the name and mailing address of the applicant and 
the owner of the land on which the well will be located;
		(2)  if the applicant is other than the owner of the 
property, documentation establishing the applicable authority to 
construct and operate a well for the proposed purpose of use;
		(3)  a statement of the nature and purpose of the 
proposed use and the amount of water to be used for each purpose;
		(4)  a water conservation plan or a declaration that 
the applicant will comply with the district's management plan;
		(5)  the location of each well and the estimated rate at 
which water will be withdrawn;
		(6)  a water well closure plan or a declaration that the 
applicant will comply with well plugging guidelines and report 
closure to the commission;  and
		(7)  a drought contingency plan.                                              
	(e)  The district may impose more restrictive permit 
conditions on new permit applications and increased use by historic 
or existing users if the limitations:
		(1)  apply to all subsequent new permit applications 
and increased use by historic or existing users, regardless of type 
or location of use;
		(2)  bear a reasonable relationship to the existing 
district management plan;  and
		(3)  are reasonably necessary to protect existing use.                        
	(h)  A district shall require that changes to the purpose of 
use under a permit not be made without the prior approval of a 
permit amendment if the permit was granted for a historic or 
existing use.  In determining whether to grant or deny the permit 
amendment, the district shall apply the rules applicable to new 
permits issued by the district that are not based on historic or 
existing use.
	(i)  A district that grants a permit for a historic or 
existing use shall issue the permit:
		(1)  based on evidence of use, without regard to the 
date or cessation of use, for the purpose for which the water was 
previously used; and
		(2)  for the maximum annual amount of use before the 
date the district was created.
	(j)  A permit for historic or existing use granted by a 
district:     
		(1)  is limited to the purpose and place of use stated 
in the permit application;
		(2)  is subject to cancellation for nonuse of 10 years 
or more; and  
		(3)  must be consistent with the district's management 
plan under Section 36.1071.
	SECTION 2.  Section 36.116(b), Water Code, is amended to 
read as follows:    
	(b)  In promulgating any rules limiting groundwater 
production, the district may preserve historic or existing use 
before the effective date of the rules to the maximum extent 
practicable consistent with the district's comprehensive 
management plan under Section 36.1071.  A rule promulgated under 
this section to preserve historic or existing use does not apply to 
a historic or existing use if the purpose or place of use changes 
from the historic or existing purpose or place to a new purpose or 
place of use.
	SECTION 3.  This Act takes effect September 1, 2005.