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A BILL TO BE ENTITLED
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AN ACT
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relating to the renewal or amendment of permits issued by |
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groundwater conservation districts. |
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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 (d-1) to read as follows: |
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(d-1) A district shall: |
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(1) renew a permit at the end of the permit term |
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without requiring a hearing, provided that the application to renew |
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the permit is: |
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(A) for the same point of withdrawal, place of |
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use, and purpose of use; and |
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(B) in comparison to the amount of groundwater |
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production authorized in the expiring permit, for the same or a |
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lesser amount of groundwater; and |
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(2) consider an application to amend a permit without |
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requiring a hearing for any portion of the permittee's amendment |
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application that does not change the point of withdrawal, place of |
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use, purpose of use, or permitted rate and amount of groundwater |
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withdrawal. |
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SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1145 to read as follows: |
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Sec. 36.1145. PERMIT AMENDMENTS REQUIRED BY CHANGE IN |
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AQUIFER CONDITIONS. (a) After notice and hearing conducted in |
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accordance with Subchapter M, a district may amend an operating |
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permit to adjust the amount or rate of authorized withdrawals based |
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on a finding, supported by a preponderance of the evidence |
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submitted by the general manager of the district, that a |
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significant change in aquifer conditions justifies the amendment. |
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(b) Under Subsection (a), a district may not amend the |
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amount or rate of withdrawals authorized for an operating permit by |
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more than five percent. |
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(c) A district that amends an operating permit under |
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Subsection (a) must similarly amend all operating permits in the |
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district that are affected by the change in aquifer conditions. |
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SECTION 3. Section 36.113, Water Code, as amended by this |
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Act, and Section 36.1145, Water Code, as added by this Act, apply |
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only to an application to renew or amend a permit submitted to a |
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groundwater conservation district on or after the effective date of |
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this Act. An application to renew or amend a permit submitted to a |
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district before that date is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |