| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to reclamation plan improvements under the Surface Coal |
|
|
Mining and Reclamation Act. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 11, Water Code, is amended |
|
|
by adding Section 11.156 to read as follows: |
|
|
Sec. 11.156. RECLAMATION PLAN IMPOUNDMENTS AND RESERVOIRS |
|
|
(a) Upon approval by the executive director, an impoundment |
|
|
or reservoir constructed within an area permitted under the Surface |
|
|
Coal Mining and Reclamation Act, Chapter 134, Natural Resources |
|
|
Code, is not required to be permitted under this Chapter if a |
|
|
licensed professional engineer certifies that: |
|
|
(1) the only surface water received by the impoundment |
|
|
or reservoir is diffused surface water; or |
|
|
(2) mining and reclamation activities required by the |
|
|
permits issued by the Railroad Commission of Texas under Chapter |
|
|
134, Natural Resources Code, over the life of the project, will |
|
|
result in a net increase of state water in the river basin in which |
|
|
the impoundment or reservoir is located, during and after the life |
|
|
of the project, when compared to pre-mining conditions in that |
|
|
river basin. |
|
|
(b) The executive director shall approve or disapprove the |
|
|
certification in subsection (a) of this section within 60 days |
|
|
after the date of receipt of the certification. |
|
|
(c) Notwithstanding any other provision in this Chapter, an |
|
|
applicant for a permit under this Chapter who is unable to make the |
|
|
demonstration contained in subsection (a)(2) of this Section shall |
|
|
be given credit for the developed water during the life of the |
|
|
project in an amount equal to that certified by a licensed |
|
|
professional engineer, upon approval by the executive director. |
|
|
(d) Within 60 days of receipt of information in compliance |
|
|
with subsection (a) of this section, the executive director shall |
|
|
issue a letter to the Railroad Commission of Texas documenting that |
|
|
a permit is not required under this Chapter for the impoundment or |
|
|
reservoir. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |