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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by groundwater conservation districts of |
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the drilling of and the production of groundwater by certain water |
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wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.116(e), Water Code, is amended to |
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read as follows: |
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(e) In regulating the production of groundwater under |
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Subsection (a)(2), a district: |
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(1) shall select a method that is appropriate based on |
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the hydrogeological conditions of the aquifer or aquifers in the |
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district; [and] |
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(2) shall consider any existing water rights held by |
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an applicant for or holder of a permit; and |
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(3) may limit the amount of water produced based on |
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contiguous surface acreage. |
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SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1165 to read as follows: |
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Sec. 36.1165. RESTRICTION ON DRILLING OF WELLS NEAR CERTAIN |
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RIVERS AND THEIR TRIBUTARIES. A person may not drill a well in the |
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portion of the territory of a district that is located within 100 |
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feet of the gradient boundary of the Frio, North Llano, South Llano, |
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Llano, West Nueces, Nueces, or San Saba River, or any tributary of |
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one of those rivers that is a perennial stream, unless the well is: |
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(1) exempt from the permitting requirements of Section |
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36.117(b)(1); and |
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(2) drilled, completed, or equipped so that it is |
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incapable of producing more than: |
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(A) 10 gallons of groundwater per minute; or |
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(B) 16 acre-feet of groundwater per year. |
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SECTION 3. The changes in law made by Section 36.1165, Water |
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Code, as added by this Act, apply only to a well for which drilling |
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is commenced on or after the effective date of this Act. A well for |
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which drilling is commenced before the effective date of this Act is |
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subject to the law in effect on the date drilling is commenced, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |