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A BILL TO BE ENTITLED
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AN ACT
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relating to the evidence of beneficial use in the permitting of |
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groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.001, Water Code is amended by adding |
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Subsection (30) to read as follows: |
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(30) "Evidence of beneficial use" means evidence that |
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is material and relevant to a determination of the amount of |
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groundwater which will be beneficially used without waste by a |
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permit applicant. Evidence may be in the form of a demonstration of |
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a statutory requirement to provide continuous and adequate water |
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service or a contractual obligation for the use of the water which |
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can be reasonably performed within months/years of the issuance of |
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the permit. |
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SECTION 2. Section 36.119, Water Code is amended by adding |
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Subsection (i) to read as follows: |
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(i) A district shall not grant a permit unless the applicant |
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has provided evidence of beneficial use. |
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SECTION 3. Section 36.122, Water Code is amended by |
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amending Subsections (f) and (i) and adding Subsections (r), (s), |
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and (t) to read as follows: |
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(f) In reviewing a proposed transfer of groundwater out of |
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the district, the district shall consider: |
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(1) the availability of water in the district and in |
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the proposed receiving area during the period for which the water |
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supply is requested; |
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(2) the projected effect of the proposed transfer on |
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aquifer conditions, depletion, subsidence, or effects on existing |
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permit holders or other groundwater users within the district; and |
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(3) the [approved regional water plan and] certified |
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management plan. |
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(i) The period specified by Subsection (h) (2) shall be: |
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(1) at least two [three] years if substantial |
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construction of a conveyance system has not been initiated |
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commenced prior to the issuance of the permit; or |
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(2) at least 30 years if substantial construction of a |
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conveyance system has been initiated prior to the issuance of the |
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permit. |
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(r) If a permit is for the transfer groundwater outside of |
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the district for municipal use, substantial construction of the |
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proposed facilities to transport the groundwater shall begin within |
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two years after the date the permit is issued. |
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(s) A district shall deny a permit to transfer groundwater |
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outside of the district for municipal use unless the municipal use |
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is part of a water supply project which is included in the approved |
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regional water plan. |
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(t) A person with a legally defined interest in the |
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groundwater in a management area has standing to file suit against a |
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district in the management area to challenge a determination made |
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by a district, including a permit renewal, that a contract which |
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forms the basis for the issuance of a transportation permit can be |
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reasonably performed as written or that substantial construction of |
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the proposed facilities to transport groundwater has occurred |
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within the time periods required by this section. |
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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. |