By: Kuempel H.B. No. 4273

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a permit to a local government corporation for a public water supply project.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 36.122, Subchapter D, Chapter 36, Water Code, is amended by adding Subsection (i) to read as follows:

(j) Public water supply projects recognized in the State Water Plan or an approved regional water plan and supplying water to water utilities by a water conveyance constructed to convey water from one or more permitted water supply wells are entitled to receive permits to construct, produce and transport water from groundwater conservation districts in an amount sufficient to meet the design capacity of the conveyance system. Notwithstanding any other provisions of this chapter, the permits or series of permits required for the continuous operation of the water supply project at its design capacity shall be issued in accord with the orders, regulations, ordinances, rules, plans, or other properly adopted requirements of the regulating districts(s) in effect at the time the water supply conveyance is constructed. For regulatory purposes, artesian water level drawdown shall be computed as a district wide average and must be measured outside the property controlled by the permittee. All permits required for the continuous operation of the water supply project at its design capacity are considered to be a single series of permits and shall be in effect for the period required by Section 36.122(i) from and after the issuance of the final permit in the single series of permits.

SECTION 2. 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, 2009.