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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of permits by the Gonzales County |
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Underground Water Conservation District for certain water supply |
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projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 368, Acts of the 74th Legislature, |
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Regular Session, 1995, is amended by adding Section 3A to read as |
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follows: |
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Sec. 3A. WATER SUPPLY PROJECTS INVOLVING TRANSFERS OF |
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GROUNDWATER OUTSIDE DISTRICT. (a) In this section: |
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(1) "Engineering report" means the engineering plans |
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and specifications provided on or about the project start date that |
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describe the scope and capacity of the proposed water supply |
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project. |
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(2) "Initial permit" means the first of one or more |
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water supply permits granted by the district for the construction |
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of a water supply project. |
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(3) "Project start date" means the earlier of the date |
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on which: |
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(A) an application for an initial permit is |
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submitted to the district for any purpose, including a review for |
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administrative completeness; or |
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(B) a plan for a project to transfer groundwater |
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out of the district is submitted to the district. |
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(4) "Water supply permit" includes any permit or other |
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authorization granted by the district related to and required for a |
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water supply project. |
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(5) "Water supply project" means a project that |
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supplies groundwater from one or more wells in the district to a |
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retail water utility. A water supply project includes any permits, |
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plans, and engineering reports and specifications required for the |
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design, construction, testing, and completion of the project during |
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all phases of the project from obtaining district permission to |
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drill test wells and construct the conveyance system to the |
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permitting and completion of all wells necessary to supply the |
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groundwater needed to meet the design capacity of the completed |
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conveyance system. |
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(b) This section applies only to a water supply project: |
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(1) that is intended to transfer groundwater from one |
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or more wells in the district to a retail water utility outside the |
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district; and |
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(2) for which the supply of groundwater available in |
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the district on the project start date exceeds the amount of |
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groundwater specified for transfer by the conveyance system |
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described in the engineering report. |
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(c) The rights to which a permit applicant is entitled under |
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this section accrue on the project start date. For purposes of |
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determining the project start date, the date an application for a |
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water supply permit or a plan to transfer groundwater is submitted |
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to the district is considered to be the date the applicant actually |
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files the application or plan with the district or deposits the |
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application or plan with the United States Postal Service by |
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certified mail addressed to the district's office. |
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(d) The rules of the district in effect on the project start |
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date include any order, ordinance, rate, expiration date, limit, or |
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other properly adopted district requirement in effect on that date. |
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If a water supply project requires a series of permits, all permits |
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required for the project are considered to be a single series of |
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permits, and each application for a permit subsequent to the |
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initial permit is subject to consideration based solely on the |
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rules in effect on the project start date. |
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(e) After the initial application for a water supply permit |
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in a series is approved, the district shall approve an application |
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for a subsequent water supply permit in the same series not later |
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than the 180th day after the date of receiving the application if |
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the application is administratively complete and in compliance with |
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the rules of the district in effect as of the project start date. |
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(f) A water supply permit issued under this section and |
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required for the continuous operation of the water supply project |
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for which the permit was issued shall be in effect for the period |
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required by Section 36.122(i)(2), Water Code, beginning with the |
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date of issuance of the final permit in the series of permits |
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required for the project. |
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SECTION 2. 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. |