| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the consideration by a groundwater conservation |
|
|
district of groundwater produced from exempt wells in issuing a |
|
|
permit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 36.113, Water Code, is amended by adding |
|
|
Subsection (j) to read as follows: |
|
|
(j) In issuing a permit or permit amendment, a district |
|
|
operating under an adopted limit on available or managed available |
|
|
groundwater may consider the amount of groundwater actually |
|
|
produced by wells in the district that are exempt from the |
|
|
district's permitting requirements. The amount of groundwater |
|
|
actually produced from exempt wells: |
|
|
(1) must be determined on the basis of technically |
|
|
reliable measurement; and |
|
|
(2) may not be determined on the basis of any |
|
|
presumption or statutory limit. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a permit or permit amendment issued by a groundwater |
|
|
conservation district on or after the effective date of this Act. A |
|
|
permit or permit amendment issued before the effective date of this |
|
|
Act is governed by the law in effect on the date the permit or permit |
|
|
amendment is issued, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. 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. |