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A BILL TO BE ENTITLED
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AN ACT
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relating to evidence of beneficial use and other matters in |
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connection with the issuance of permits by a groundwater |
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conservation district in accordance with its management plan. |
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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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Subdivision (28-a) to read as follows: |
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(28-a) "Evidence of beneficial use" means evidence |
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that is material and relevant to a determination of the amount of |
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groundwater that is reasonable for a beneficial use without waste |
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proposed by a permit applicant consistent with generally accepted |
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agriculture or industry standards for the proposed type of use and |
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does not exclude innovations in agriculture or industry practices. |
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Evidence of beneficial use that satisfies the requirements of |
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Subdivision (9)(C) includes evidence that may be in the form of a: |
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(A) statutory requirement applicable to an |
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applicant who is a supplier of water to the public to provide |
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continuous and adequate water service consistent with the state |
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water plan; or |
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(B) contractual obligation applicable to the |
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applicant for the use of the water based on a demonstrated need for |
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the water by an end user. |
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SECTION 2. Subsection (a), Section 36.1071, Water Code, is |
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amended to read as follows: |
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(a) Following notice and hearing, the district shall, in |
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coordination with surface water management entities on a regional |
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basis, develop a comprehensive management plan which addresses the |
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following management goals, as applicable: |
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(1) providing the most efficient use of groundwater; |
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(2) controlling and preventing waste of groundwater; |
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(3) controlling and preventing subsidence; |
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(4) addressing conjunctive surface water management |
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issues; |
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(5) addressing natural resource issues; |
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(6) addressing drought conditions; |
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(7) addressing conservation, recharge enhancement, |
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rainwater harvesting, precipitation enhancement, or brush control, |
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where appropriate and cost-effective; [and] |
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(8) addressing in a quantitative manner the desired |
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future conditions of the groundwater resources; and |
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(9) addressing the ability of the district's |
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groundwater resources to meet the future water supply needs of the |
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district and this state as established in the adopted state water |
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plan, including any water management strategy dependent on use of |
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the district's groundwater resources. |
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SECTION 3. Subsection (g), Section 36.1072, Water Code, is |
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amended to read as follows: |
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(g) In this subsection, "development board" means the Texas |
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Water Development Board. A person with a legally defined interest |
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in groundwater in a district or in the management area in which a |
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district is located or a [the] regional water planning group |
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dependent on a district's groundwater resources to meet a water |
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management strategy identified in the adopted state water plan may |
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file a petition with the development board stating that a conflict |
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requiring resolution may exist between the district's approved |
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management plan developed under Section 36.1071 and the state water |
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plan. If a conflict exists, the development board shall provide |
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technical assistance to and facilitate coordination between the |
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involved person or regional water planning group and the district |
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to resolve the conflict. Not later than the 45th day after the date |
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the person or the regional water planning group files a petition |
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with the development board, if the conflict has not been resolved, |
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the district and the involved person or regional planning group may |
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mediate the conflict. The district and the involved person or |
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regional planning group may seek the assistance of the Center for |
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Public Policy Dispute Resolution at The University of Texas School |
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of Law or an alternative dispute resolution system established |
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under Chapter 152, Civil Practice and Remedies Code, in obtaining a |
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qualified impartial third party to mediate the conflict. The cost |
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of the mediation services must be specified in the agreement |
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between the parties and the Center for Public Policy Dispute |
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Resolution or the alternative dispute resolution system. If the |
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district and the involved person or regional planning group cannot |
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resolve the conflict through mediation, the development board shall |
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resolve the conflict not later than the 60th day after the date the |
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mediation is completed. The development board action under this |
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provision may be consolidated, at the option of the board, with |
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related action under Section 16.053(p). If the development board |
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determines that resolution of the conflict requires a revision of |
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the approved groundwater conservation district management plan, |
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the development board shall provide information to the |
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district. The district shall prepare any revisions to the plan |
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based on the information provided by the development board and |
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shall hold, after notice, at least one public hearing at some |
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central location within the district. The district shall consider |
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all public and development board comments, prepare, revise, and |
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adopt its plan, and submit the revised plan to the development board |
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for approval. On the request of the district or the regional water |
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planning group, the development board shall include discussion of |
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the conflict and its resolution in the state water plan that the |
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development board provides to the governor, the lieutenant |
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governor, and the speaker of the house of representatives under |
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Section 16.051(e). If the groundwater conservation district |
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disagrees with the decision of the development board under this |
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subsection, the district may appeal the decision to a district |
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court in Travis County. Costs for the appeal shall be set by the |
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court hearing the appeal. An appeal under this subsection is by |
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trial de novo. |
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SECTION 4. Subsections (c), (f), and (l), Section 36.108, |
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Water Code, are amended to read as follows: |
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(c) The presiding officer, or the presiding officer's |
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designee, of each district located in whole or in part in the |
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management area shall meet at least annually to conduct joint |
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planning with the other districts in the management area and to |
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review the management plans and accomplishments for the management |
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area. In reviewing the management plans, the districts shall |
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consider: |
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(1) the goals of each management plan and its impact on |
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planning throughout the management area and this state as |
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established by the adopted state water plan; |
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(2) the effectiveness of the measures established by |
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each management plan for conserving and protecting groundwater and |
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preventing waste, and the effectiveness of these measures in the |
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management area generally; |
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(3) any other matters that the boards consider |
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relevant to the protection and conservation of groundwater and the |
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prevention of waste in the management area; and |
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(4) the degree to which each management plan achieves |
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the desired future conditions established during the joint planning |
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process. |
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(f) A district, regional water planning group dependent on |
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the groundwater resources in the groundwater management area to |
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meet a water management strategy identified in the adopted state |
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water plan, or person with a legally defined interest in the |
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groundwater within the management area may file a petition with the |
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commission requesting an inquiry if a district or districts refused |
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to join in the planning process or the process failed to result in |
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adequate planning, including the establishment of reasonable |
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future desired conditions of the aquifers, and the petition |
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provides evidence that: |
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(1) a district in the groundwater management area has |
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failed to adopt rules; |
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(2) the rules adopted by a district are not designed to |
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achieve the desired future condition of the groundwater resources |
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in the groundwater management area established during the joint |
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planning process; |
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(3) the groundwater in the management area is not |
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adequately protected by the rules adopted by a district; or |
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(4) the groundwater in the groundwater management area |
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is not adequately protected due to the failure of a district to |
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enforce substantial compliance with its rules. |
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(l) A person with a legally defined interest in the |
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groundwater in the groundwater management area, a district in or |
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adjacent to the groundwater management area, or a regional water |
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planning group dependent on the groundwater resources [for a
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region] in the groundwater management area to meet a water |
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management strategy identified in the adopted state water plan may |
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file a petition with the development board appealing the approval |
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of the desired future conditions of the groundwater resources |
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established under this section. The petition must provide |
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evidence that the districts did not establish a reasonable desired |
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future condition of the groundwater resources in the groundwater |
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management area. |
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SECTION 5. Section 36.113, Water Code, is amended by adding |
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Subsection (e-1) to read as follows: |
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(e-1) A district may not grant a permit unless the applicant |
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provides evidence of beneficial use. |
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SECTION 6. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1133 to read as follows: |
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Sec. 36.1133. PREPRODUCTION PERMITS. (a) A district may |
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adopt rules to authorize the issuance of a preproduction permit to |
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an applicant if the applicant has met the requirements for a |
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production permit but is unable to provide documentation of a need |
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to supply water for a purpose included in an approved regional water |
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plan. |
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(b) The term of a preproduction permit issued under this |
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section must be five years. |
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(c) If, before the expiration of a preproduction permit, the |
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holder of the permit provides to the district that issued the permit |
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a copy of a water supply contract or other documentation of an |
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obligation to supply water for a purpose included in an approved |
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regional water plan, the district shall convert the preproduction |
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permit to a production permit for that purpose and for the amount of |
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production authorized by the preproduction permit. |
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SECTION 7. Section 36.122, Water Code, is amended by |
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amending Subsection (f) and adding Subsection (r) to read as |
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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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district management plan. |
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(r) A district may not grant a permit that allows the |
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transfer of groundwater outside the district for municipal use |
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unless the municipal use is established by a contractual obligation |
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described by Section 36.001(28-a)(B). |
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SECTION 8. Subsection (e-1), Section 36.113, and Section |
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36.1133, Water Code, as added by this Act, and Section 36.122, Water |
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Code, as amended by this Act, apply only to an application for a |
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permit that is submitted to a groundwater conservation district on |
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or after the effective date of this Act. An application submitted |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was submitted, and that law |
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continues in effect for that purpose. |
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SECTION 9. 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. |
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