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By: Hegar |
S.B. No. 2008 |
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(In the Senate - Filed March 12, 2009; March 24, 2009, read |
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first time and referred to Committee on Natural Resources; |
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April 23, 2009, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 9, Nays 0; April 23, 2009, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 2008 |
By: Hegar |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration by a groundwater conservation |
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district of groundwater produced from exempt wells in issuing a |
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permit. |
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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 adding |
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Subsection (j) to read as follows: |
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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 the amount of groundwater actually |
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produced by wells in the district that are exempt from the |
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district's permitting requirements. The amount of groundwater |
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actually produced from exempt wells: |
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(1) must be determined on the basis of technically |
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reliable measurement; and |
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(2) may not be determined on the basis of any |
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presumption or statutory limit. |
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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. |
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