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Amend SB 1985 (Senate committee printing) as follows:
(1) In SECTION 1 of the bill, in proposed Subchapter C, Chapter 8821, Special District Local Laws Code (page 3, between
lines 4 and 5), insert a new Section 8821.101 as follows:
Sec. 8821.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by this chapter, the district has
the powers and duties provided by the general law of this state,
including Chapter 36, Water Code, and Section 59, Article XVI,
Texas Constitution, applicable to groundwater conservation
districts.
(2) In SECTION 1 of the bill, in proposed Section 8821.101,
Special District Local Laws Code (page 3, line 5), strike
"8821.101" and substitute "8821.102".
(3) In SECTION 1 of the bill, in proposed Section 8823.102,
Special District Local Laws Code (page 3, line 10), strike
"8821.102" and substitute "8821.103".
(4) In SECTION 1 of the bill, in proposed Section 8823.102,
Special District Local Laws Code (page 3, lines 21 and 22), strike
proposed Subsection (c).
(5) In SECTION 1 of the bill, in proposed Section 8821.103,
Special District Local Laws Code (page 3, line 23), strike
"8821.103" and substitute "8821.104".
(6) In SECTION 1 of the bill, immediately following proposed
Section 8821.103, Special District Local Laws Code (page 3, between
lines 25 and 26), insert new Sections 8821.105 and 8821.106 as
follows:
Sec. 8821.105. REGISTRATION AND REPORTING REQUIREMENTS FOR
CERTAIN EXEMPT WELLS. The district may adopt rules that require the
owner or operator of a well or class of wells exempt from permitting
under Section 36.117, Water Code, to register the well with the
district and, if the well is not exempt under Section 36.117(b)(1),
Water Code, to report groundwater withdrawals from the well using
reasonable and appropriate reporting methods and frequency.
Sec. 8821.106. WELL SPACING RULES; EXEMPTIONS. (a) Except
as provided by Subsection (b), the district shall exempt from the
well spacing requirements adopted by the district any well that is
completed on or before the effective date of those requirements.
(b) The district may provide by rule that a well may lose its
exemption under this section if the well is modified in a manner
that substantially increases the capacity of the well after the
effective date of the well spacing requirements adopted by the
district.
(c) Except as provided by this section, the district may
require any well or class of wells exempt from permitting under
Chapter 36, Water Code, to comply with the well spacing
requirements adopted by the district. The district shall apply
well spacing requirements uniformly to any well or class of wells
based on the size or capacity of the well and without regard to the
type of use of the groundwater produced by the well.
(7) In SECTION 1 of the bill, in proposed Section 8821.104,
Special District Local Laws Code (page 3, line 26), strike
"8821.104" and substitute "8821.107".
(8) In SECTION 1 of the bill, in proposed Section 8821.105,
Special District Local Laws Code (page 3, line 35), strike
"8821.105" and substitute "8821.108".
(9) In SECTION 1 of the bill, in proposed Section 8821.106,
Special District Local Laws Code (page 3, line 38), strike
"8821.106" and substitute "8821.109".
(10) In SECTION 1 of the bill, in proposed Section 8821.107,
Special District Local Laws Code (page 3, line 42), strike
"8821.107" and substitute "8821.110".
(11) In SECTION 1 of the bill, in proposed Subchapter C,
Chapter 8821, Special District Local Laws Code (page 3, between
lines 43 and 44), insert a new Section 8821.111 as follows:
Sec. 8821.111. DISTRICT TERRITORY REQUIREMENTS;
DISSOLUTION OF DISTRICT. (a) On September 1, 2011, the district
boundaries must include at least one county adjacent to McLennan
County.
(b) As soon as practicable after September 1, 2011, the
Texas Commission on Environmental Quality shall determine whether
the district complies with Subsection (a).
(c) If the commission determines that the district does not
comply with Subsection (a), the commission shall dissolve the
district in accordance with Sections 36.304, 36.305, 36.307,
36.308, 36.309, and 36.310, Water Code, regardless of whether the
district meets the criteria for dissolution under Section
36.304(a), Water Code.
(d) This section expires September 1, 2013.