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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of land and water for wildlife management. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.002(12), Water Code, is amended to |
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read as follows: |
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(12) "Agriculture" means any of the following |
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activities: |
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(A) cultivating the soil to produce crops for |
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human food, animal feed, or planting seed or for the production of |
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fibers; |
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(B) the practice of floriculture, viticulture, |
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silviculture, and horticulture, including the cultivation of |
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plants in containers or nonsoil media, by a nursery grower; |
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(C) raising, feeding, or keeping animals for |
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breeding purposes or for the production of food or fiber, leather, |
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pelts, or other tangible products having a commercial value; |
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(D) raising or keeping equine animals; |
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(E) wildlife management, including the use of |
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land or water to propagate a sustaining breeding, migrating, or |
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wintering population of indigenous mammals, birds, fish, or other |
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wild animals for human use, including food, medicine, or |
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recreation; |
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(F) planting cover crops, including cover crops |
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cultivated for transplantation, or leaving land idle for the |
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purpose of participating in any governmental program or normal crop |
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or livestock rotation procedure; and |
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(G) aquaculture, as defined by Section 134.001, |
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Agriculture Code. |
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SECTION 2. Sections 36.001(8) and (19), Water Code, are |
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amended to read as follows: |
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(8) "Waste" means any one or more of the following: |
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(A) withdrawal of groundwater from a groundwater |
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reservoir at a rate and in an amount that causes or threatens to |
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cause intrusion into the reservoir of water unsuitable for |
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agricultural, gardening, domestic, or stock raising purposes; |
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(B) the flowing or producing of wells from a |
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groundwater reservoir if the water produced is not used for a |
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beneficial purpose; |
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(C) escape of groundwater from a groundwater |
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reservoir to any other reservoir or geologic strata that does not |
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contain groundwater; |
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(D) pollution or harmful alteration of |
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groundwater in a groundwater reservoir by saltwater or by other |
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deleterious matter admitted from another stratum or from the |
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surface of the ground; |
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(E) wilfully or negligently causing, suffering, |
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or allowing groundwater to escape into any river, creek, natural |
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watercourse, depression, lake, reservoir, drain, sewer, street, |
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highway, road, or road ditch, or onto any land other than that of |
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the owner of the well unless: |
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(i) such discharge is authorized by permit, |
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rule, or order issued by the commission under Chapter 26; or |
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(ii) the discharge is for the purpose of |
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wildlife management, as described by Subdivision (19); |
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(F) groundwater pumped for irrigation that |
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escapes as irrigation tailwater onto land other than that of the |
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owner of the well unless permission has been granted by the occupant |
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of the land receiving the discharge; or |
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(G) for water produced from an artesian well, |
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"waste" has the meaning assigned by Section 11.205. |
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(19) "Agriculture" means any of the following |
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activities: |
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(A) cultivating the soil to produce crops for |
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human food, animal feed, or planting seed or for the production of |
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|
fibers; |
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(B) the practice of floriculture, viticulture, |
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silviculture, and horticulture, including the cultivation of |
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plants in containers or nonsoil media, by a nursery grower; |
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(C) raising, feeding, or keeping animals for |
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breeding purposes or for the production of food or fiber, leather, |
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pelts, or other tangible products having a commercial value; |
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(D) planting cover crops, including cover crops |
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cultivated for transplantation, or leaving land idle for the |
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purpose of participating in any governmental program or normal crop |
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or livestock rotation procedure; |
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(E) wildlife management, including the use of |
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land or water to propagate a sustaining breeding, migrating, or |
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wintering population of indigenous mammals, birds, fish, or other |
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wild animals for human use, including food, medicine, or |
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recreation; and |
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(F) raising or keeping equine animals. |
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SECTION 3. Section 36.1131(b), Water Code, is amended to |
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read as follows: |
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(b) The permit may include: |
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(1) the name and address of the person to whom the |
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permit is issued; |
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(2) the location of the well; |
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(3) the date the permit is to expire if no well is |
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drilled; |
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(4) a statement of the purpose for which the well is to |
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be used; |
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(5) a requirement that the water withdrawn under the |
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permit be put to beneficial use at all times; |
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(6) the location of the use of the water from the well; |
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(7) a water well closure plan or a declaration that the |
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applicant will comply with well plugging guidelines and report |
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closure to the commission; |
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(8) the conditions and restrictions, if any, placed on |
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the rate and amount of withdrawal; |
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(9) any conservation-oriented methods of drilling and |
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operating prescribed by the district; |
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(10) a drought contingency plan prescribed by the |
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district; [and] |
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(11) other terms and conditions as provided by Section |
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36.113; and |
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(12) conditions related to wildlife management, as |
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described by Section 36.001(19). |
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SECTION 4. This Act takes effect September 1, 2013. |