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Amend SB 3 on third reading, by amending Floor Amendment No.
54 by Hilderbran (page 92-93 of the pre-filed amendments package),
as adopted on second reading, to read as follows:
Add the following appropriately numbered SECTIONS to ARTICLE
2 of the bill and renumbering subsequent SECTIONS of that ARTICLE
accordingly:
SECTION 2.____. Section 36.113(d), Water Code, is amended to
read as follows:
(d) Before granting or denying a permit or permit amendment,
the district shall consider whether:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fees;
(2) the proposed use of water unreasonably affects
existing groundwater and surface water resources or existing permit
holder;
(3) the proposed use of water is dedicated to any
beneficial use;
(4) the proposed use of water is consistent with the
district's certified water management plan;
(5) if the well will be located in a priority
groundwater management area, including the Hill Country Priority
Groundwater Management Area or in a county contiguous to the
priority groundwater management area, the proposed use of water
from the well is wholly or partly to provide water to a pond, lake,
or reservoir to enhance the appearance of the landscape;
(6) the applicant has agreed to avoid waste and achieve
water conservation; and
(7) [(6)] the applicant has agreed that reasonable
diligence will be used to protect groundwater quality and that the
applicant will follow well plugging guidelines at the time of well
closure.
SECTION 2.____. Section 36.117(d), Water Code, is amended to
read as follows:
(d) Notwithstanding Subsection (b), a district may require a
well to be permitted by the district and to comply with all district
rules if:
(1) the withdrawals from a well in the Hill Country
Priority Groundwater Management Area and exempted under Subsection
(b)(1) are no longer used solely for domestic use or to provide
water for livestock or poultry;
(2) the purpose of a well exempted under Subsection
(b)(2) is no longer solely to supply water for a rig that is
actively engaged in drilling or exploration operations for an oil
or gas well permitted by the Railroad Commission of Texas; or
(3) [(2)] the withdrawals from a well exempted under
Subsection (b)(3) are no longer necessary for mining activities or
are greater than the amount necessary for mining activities
specified in the permit issued by the Railroad Commission of Texas
under Chapter 134, Natural Resources Code.