|
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. |