81R27303 PMO-D

By: Kuempel H.B. No. 4826

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of permits by the Gonzales County Underground Water Conservation District for certain water supply projects.

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

SECTION 1. Chapter 368, Acts of the 74th Legislature, Regular Session, 1995, is amended by adding Section 3A to read as follows:

Sec. 3A. WATER SUPPLY PROJECTS INVOLVING TRANSFERS OF GROUNDWATER OUTSIDE DISTRICT. (a) In this section:

(1) "Engineering report" means the engineering plans and specifications provided on or about the project start date that describe the scope and capacity of the proposed water supply project.

(2) "Initial permit" means the first of one or more water supply permits granted by the district for the construction of a water supply project.

(3) "Project start date" means the earlier of the date on which:

(A) an application for an initial permit is submitted to the district for any purpose, including a review for administrative completeness; or

(B) a plan for a project to transfer groundwater out of the district is submitted to the district.

(4) "Water supply permit" includes any permit or other authorization granted by the district related to and required for a water supply project.

(5) "Water supply project" means a project that supplies groundwater from one or more wells in the district to a retail water utility. A water supply project includes any permits, plans, and engineering reports and specifications required for the design, construction, testing, and completion of the project during all phases of the project from obtaining district permission to drill test wells and construct the conveyance system to the permitting and completion of all wells necessary to supply the groundwater needed to meet the design capacity of the completed conveyance system.

(b) This section applies only to a water supply project:

(1) that is intended to transfer groundwater from one or more wells in the district to a retail water utility outside the district; and

(2) for which the supply of groundwater available in the district on the project start date exceeds the amount of groundwater specified for transfer by the conveyance system described in the engineering report.

(c) The rights to which a permit applicant is entitled under this section accrue on the project start date. For purposes of determining the project start date, the date an application for a water supply permit or a plan to transfer groundwater is submitted to the district is considered to be the date the applicant actually files the application or plan with the district or deposits the application or plan with the United States Postal Service by certified mail addressed to the district's office.

(d) The rules of the district in effect on the project start date include any order, ordinance, rate, expiration date, limit, or other properly adopted district requirement in effect on that date. If a water supply project requires a series of permits, all permits required for the project are considered to be a single series of permits, and each application for a permit subsequent to the initial permit is subject to consideration based solely on the rules in effect on the project start date.

(e) After the initial application for a water supply permit in a series is approved, the district shall approve an application for a subsequent water supply permit in the same series not later than the 180th day after the date of receiving the application if the application is administratively complete and in compliance with the rules of the district in effect as of the project start date.

(f) A water supply permit issued under this section and required for the continuous operation of the water supply project for which the permit was issued shall be in effect for the period required by Section 36.122(i)(2), Water Code, beginning with the date of issuance of the final permit in the series of permits required for the project.

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.