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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the authority to curtail groundwater |
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production from wells used for power generation or mining. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.117, Water Code, is amended by adding |
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Subsection (m) to read as follows: |
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(m) This subsection applies to a well that produces |
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groundwater directly or indirectly used to support the operation of |
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a power generation facility or a mine that provides fuel to a power |
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generation facility, including production for dewatering, potable |
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water, and depressurization. Except as a result of a permit |
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amendment requested by the permit holder, a district may not reduce |
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or curtail production from a well or limit the groundwater |
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production rate of a well to a rate or amount that is less than: |
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(1) the maximum rate or amount of withdrawal as of |
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September 1, 2014, authorized by the permit, whether the permit was |
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issued by the district or the Railroad Commission of Texas; or |
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(2) the maximum annual historical rate or amount of |
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withdrawal recorded before September 1, 2014, if the well was in |
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operation on that date and no permit from any entity was required |
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for the operation of the well. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |