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which water will be withdrawn;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.