80R16445 SGA-D
 
  By: Hilderbran H.B. No. 1699
 
Substitute the following for H.B. No. 1699:
 
  By:  Puente C.S.H.B. No. 1699
 
A BILL TO BE ENTITLED
AN ACT
relating to the power of a groundwater conservation district to
regulate the use of groundwater.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  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
holders;
             (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)  the proposed use of water 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 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.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.