83R5299 PMO-D
 
  By: Martinez Fischer H.B. No. 2739
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to permitting requirements of groundwater conservation
  districts, including permits to transfer water.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.113(c), Water Code, is amended to
  read as follows:
         (c)  A district may require that the following be included in
  the permit or permit amendment application:
               (1)  the name and mailing address of the applicant and
  the owner of the land on which the well will be located;
               (2)  if the applicant is other than the owner of the
  property, documentation establishing the applicable authority to
  construct and operate a well for the proposed use;
               (3)  a statement of the nature, location, and purpose
  of the proposed use and the amount of water to be used for each
  purpose;
               (4)  a water conservation plan or a declaration that
  the applicant will comply with the district's management plan;
               (5)  the location of each well and the estimated rate at
  which water will be withdrawn;
               (6)  a water well closure plan or a declaration that the
  applicant will comply with well plugging guidelines and report
  closure to the commission; and
               (7)  a drought contingency plan.
         SECTION 2.  Section 36.1131(b), Water Code, is amended to
  read as follows:
         (b)  The permit may include:
               (1)  the name and address of the person to whom the
  permit is issued;
               (2)  the location of the well;
               (3)  the date the permit is to expire if no well is
  drilled;
               (4)  a statement of the purpose for which the well is to
  be used;
               (5)  a requirement that the water withdrawn under the
  permit be put to beneficial use at all times;
               (6)  the location of the use of the water from the well;
               (7)  a water well closure plan or a declaration that the
  applicant will comply with well plugging guidelines and report
  closure to the commission;
               (8)  the conditions and restrictions, if any, placed on
  the rate and amount of withdrawal;
               (9)  any conservation-oriented methods of drilling and
  operating prescribed by the district;
               (10)  a drought contingency plan prescribed by the
  district; and
               (11)  other terms and conditions as provided by Section
  36.113 or 36.122.
         SECTION 3.  Sections 36.122(b), (c), (d), (g), (h), (i), and
  (k), Water Code, are amended to read as follows:
         (b)  A district may promulgate rules requiring a person to
  obtain, under Section 36.113, a well permit or an amendment to a
  well permit [under Section 36.113] from the district authorizing
  [for] the transfer of groundwater produced from the well out of the
  district to:
               (1)  increase, on or after March 2, 1997, the amount of
  groundwater to be transferred under a continuing arrangement in
  effect before that date; or
               (2)  transfer groundwater out of the district on or
  after March 2, 1997, under a new arrangement.
         (c)  Except as provided in Section 36.113(e), the district
  may not impose more restrictive permit conditions on transfers out
  of the district [transporters] than the district imposes on
  existing in-district uses [users].
         (d)  The district may impose a reasonable fee for processing
  a well permit [an] application that proposes transferring
  groundwater outside the district's boundaries [under this
  section]. The fee may not exceed fees that the district imposes for
  processing other applications under Section 36.113. An application
  filed to comply with this section shall be considered and processed
  under the same procedures as other applications for permits under
  Section 36.113 and shall be combined with applications filed to
  obtain a permit for in-district water use under Section 36.113 from
  the same applicant.
         (g)  The district may not deny a permit based on the fact that
  the applicant proposes transferring [seeks to transfer]
  groundwater outside [of] the district but may limit the amount of
  water that may be transferred [a permit issued under this section]
  if conditions in Subsection (f) warrant the limitation, subject to
  Subsection (c).
         (h)  In addition to conditions provided by Section 36.1131,
  the permit shall specify:
               (1)  the amount of water that may be transferred out of
  the district; and
               (2)  the term [period] for which the water may be
  produced and transferred.
         (i)  The term [period] specified by Subsection (h)(2) shall
  be:
               (1)  at least three years if construction of a
  conveyance system has not been initiated prior to the issuance of
  the permit; or
               (2)  at least 30 years if construction of a conveyance
  system has been initiated prior to the issuance of the permit.
         (k)  Notwithstanding the term [period] specified in
  Subsections (i) and (j) during which water may be transferred under
  a permit, a district may periodically review the amount of water
  that may be transferred under the permit and may limit the amount if
  additional factors considered in Subsection (f) warrant the
  limitation, subject to Subsection (c). The review described by
  this subsection may take place not more frequently than the period
  provided for the review or renewal of [regular] permits issued by
  the district under Section 36.113 for in-district uses. In its
  determination of whether to renew a permit at the end of the term
  specified by Subsection (h)(2) [issued under this section], the
  district shall consider relevant and current data for the
  conservation of groundwater resources and shall consider the permit
  in the same manner it would consider any other permit in the
  district.
         SECTION 4.  Sections 36.1131(b) and 36.122, Water Code, as
  amended by this Act, apply only to an application for a permit
  submitted to a groundwater conservation district on or after the
  effective date of this Act. An application for a permit submitted to
  a district before that date is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2013.