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A BILL TO BE ENTITLED
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AN ACT
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relating to the matters to be taken into consideration by a |
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groundwater conservation district in determining whether to grant |
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or deny a permit or permit amendment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.113, Water Code, is amended by |
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amending Subsection (d) and adding Subsection (j) to read as |
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follows: |
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(d) Before granting or denying a permit or permit amendment, |
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the district shall consider whether: |
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(1) the application conforms to the requirements |
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prescribed by this chapter and is accompanied by the prescribed |
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fees; |
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(2) the proposed use of water unreasonably affects |
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existing groundwater and surface water resources or existing permit |
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holders; |
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(3) the proposed use of water is a [dedicated to any] |
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beneficial use; |
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(4) the proposed use of water is consistent with the |
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district's approved [certified] water management plan; |
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(5) if the well will be located in the Hill Country |
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Priority Groundwater Management Area, the proposed use of water |
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from the well is wholly or partly to provide water to a pond, lake, |
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or reservoir to enhance the appearance of the landscape; |
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(6) the applicant has agreed to avoid waste and |
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achieve water conservation; and |
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(7) the applicant has agreed that reasonable diligence |
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will be used to protect groundwater quality and that the applicant |
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will follow well plugging guidelines at the time of well closure. |
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(j) In issuing a permit or permit amendment, a district |
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operating under an adopted limit on available or managed available |
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groundwater may consider whether the water supply needs as |
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determined in the most recent regional water plan can be met. |
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SECTION 2. The change in law made by this Act applies only |
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to a permit or permit amendment issued by a groundwater |
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conservation district on or after the effective date of this Act. A |
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permit or permit amendment issued before the effective date of this |
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Act is governed by the law in effect on the date the permit or permit |
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amendment is issued, and that law is continued in effect for that |
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purpose. |
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SECTION 3. 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. |