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A BILL TO BE ENTITLED
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AN ACT
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relating to protecting landowners against aquifer depletion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.002, Water Code, is amended by adding |
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Subsections (f), (g), and (h) to read as follows: |
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(f) Within a particular |
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aquifer subdivision, at any |
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particular location where groundwater was available on or after |
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September 1, 2013, the annual production capability of groundwater |
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per acre of land that is owned and that overlies an aquifer |
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subdivision shall not be reduced, as a result of the rate of |
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permitted groundwater production of the aquifer subdivision, to |
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less than the proven production capability on or after September 1, |
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2013, or an authorized common production rate per acre applied to |
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the aquifer subdivision throughout the management area the land is |
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within, whichever is less. Where the ability to produce |
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groundwater has been reduced by permitted production of the aquifer |
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subdivision below these amounts, the district or districts having |
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authority over the particular aquifer subdivision shall: |
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(1) reduce permitted production of groundwater by the |
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same percentage for all permit holders sufficiently to restore |
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production capability to these amounts; |
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(2) supply water to the particular location in these |
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amounts by pipeline at the rate of proven production or the |
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authorized production rate, whichever is less; |
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(3) revise established desired future conditions and |
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modeled available groundwater and establish a common production |
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rate for the particular aquifer subdivision throughout the |
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management area as necessary to allow the affected landowner to |
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produce at that rate. |
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(g) To comply with Subsection (f), districts and management |
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areas may at any time revise desired future conditions established |
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under Section 36.108, modeled available groundwater, and |
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production permits. |
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(h) A district may charge a production fee to cover the cost |
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of supplying water to landowners, lessees, or assigns for losses |
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and damages described by Subsection (f). |
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SECTION 2. This Act takes effect September 1, 2013. |