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.