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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 certain 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 36.001, Water Code, is amended by adding |
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Subdivision (31) to read as follows: |
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(31) "Operating permit" means any permit issued by the |
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district for the operation of or production from a well, including a |
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permit to drill or complete a well if the district does not require |
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a separate permit for the drilling or completion of a well. |
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SECTION 2. Sections 36.113(d) and (f), Water Code, are |
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amended to read as follows: |
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(d) Except as provided by Sections 36.1145 and 36.1146, |
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before [Before] granting or denying a permit or permit amendment, |
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the district shall consider whether: |
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(1) the application conforms to the requirements |
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prescribed by this chapter and is accompanied by the prescribed |
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fees; |
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(2) the proposed use of water unreasonably affects |
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existing groundwater and surface water resources or existing permit |
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holders; |
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(3) the proposed use of water is dedicated to any |
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beneficial use; |
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(4) the proposed use of water is consistent with the |
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district's approved management plan; |
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(5) if the well will be located in the Hill Country |
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Priority Groundwater Management Area, the proposed use of water |
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from the well is wholly or partly to provide water to a pond, lake, |
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or reservoir to enhance the appearance of the landscape; |
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(6) the applicant has agreed to avoid waste and |
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achieve water conservation; and |
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(7) the applicant has agreed that reasonable diligence |
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will be used to protect groundwater quality and that the applicant |
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will follow well plugging guidelines at the time of well closure. |
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(f) Except as provided by Sections 36.1145 and 36.1146, |
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permits [Permits] and permit amendments may be issued subject to |
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the rules promulgated by the district and subject to terms and |
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provisions with reference to the drilling, equipping, completion, |
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alteration, or operation of, or production of groundwater from, |
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wells or pumps that may be necessary to prevent waste and achieve |
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water conservation, minimize as far as practicable the drawdown of |
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the water table or the reduction of artesian pressure, lessen |
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interference between wells, or control and prevent subsidence. |
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SECTION 3. Sections 36.114(b) and (c), Water Code, are |
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amended to read as follows: |
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(b) For each activity for which the district determines a |
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permit or permit amendment is required under Subsection (a), and |
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that is not exempt from a hearing requirement under Section |
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36.1145, the district by rule shall determine whether a hearing on |
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the permit or permit amendment application is required. |
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(c) For all applications for which a hearing is not required |
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under Subsection (b) or Section 36.1145, the board shall act on the |
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application at a meeting, as defined by Section 551.001, Government |
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Code, unless the board by rule has delegated to the general manager |
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the authority to act on the application. |
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SECTION 4. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Sections 36.1145 and 36.1146 to read as follows: |
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Sec. 36.1145. OPERATING PERMIT RENEWAL. (a) Except as |
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provided by Subsection (b), a district shall without a hearing |
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renew or approve an application to renew an operating permit before |
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the date on which the permit expires, provided that: |
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(1) the application, if required by the district, is |
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submitted in a timely manner and accompanied by any required fees in |
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accordance with district rules; and |
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(2) the permit holder is not requesting a change |
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related to the renewal that would require a permit amendment under |
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district rules. |
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(b) A district is not required to renew a permit under this |
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section if the applicant: |
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(1) is delinquent in paying a fee required by the |
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district; |
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(2) is subject to a pending enforcement action for a |
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substantive violation of a district permit, order, or rule that has |
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not been settled by agreement with the district or a final |
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adjudication; or |
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(3) has not paid a civil penalty or has otherwise |
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failed to comply with an order resulting from a final adjudication |
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of a violation of a district permit, order, or rule. |
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(c) If a district is not required to renew a permit under |
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Subsection (b)(2), the permit remains in effect until the final |
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settlement or adjudication on the matter of the substantive |
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violation. |
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Sec. 36.1146. CHANGE IN OPERATING PERMITS. (a) If the |
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holder of an operating permit, in connection with the renewal of a |
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permit or otherwise, requests a change to the permit that requires |
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an amendment to the permit under district rules, the original |
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permit remains in effect until the later of: |
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(1) the conclusion of the permit amendment or renewal |
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process, as applicable; or |
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(2) final settlement or adjudication on the matter of |
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whether the change to the permit requires a permit amendment. |
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(b) If the permit amendment process results in the denial of |
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an amendment, the original permit as it existed before the permit |
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amendment process shall be renewed under Section 36.1145 without |
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penalty, unless Subsection (b) of that section applies to the |
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applicant. |
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(c) A district may initiate an amendment to an operating |
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permit, in connection with the renewal of a permit or otherwise, in |
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order to achieve a purpose of this chapter. If a district initiates |
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an amendment to an operating permit, the original permit shall |
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remain in effect until the conclusion of the permit amendment or |
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renewal process, as applicable. |
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SECTION 5. Section 36.402, Water Code, is amended to read as |
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follows: |
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Sec. 36.402. APPLICABILITY. Except as provided by Section |
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36.416, this subchapter applies to the notice and hearing process |
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used by a district for permit and permit amendment applications for |
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which a hearing is required. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, groundwater conservation districts shall adopt rules |
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to implement the changes in law made by this Act. |
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SECTION 7. Sections 36.1145 and 36.1146, Water Code, as |
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added by this Act, apply only to a permit renewal initiated by a |
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groundwater conservation district or a permit holder on or after |
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the effective date of this Act. A permit renewal initiated before |
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that date is governed by the law in effect on the date the permit |
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renewal was initiated, and the former law is continued in effect for |
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that purpose. |
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SECTION 8. This Act takes effect September 1, 2015. |