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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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FraserX |
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EstesX |
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BirdwellX |
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HallX |
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HancockX |
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HinojosaX |
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LucioX |
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NicholsX |
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SeligerX |
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UrestiX |
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ZaffiriniX |
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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. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1175 to read as follows: |
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Sec. 36.1175. POWER GENERATION EXEMPTION. (a) This |
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section applies to a well that produces groundwater used to support |
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the operation of a power generation facility or a mine that provides |
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fuel to a power generation facility, including production for |
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boiler makeup water, fire suppression, dewatering, potable water, |
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and depressurization. |
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(b) An owner or operator of a well to which this section |
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applies is entitled to petition the district for a delay in the |
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effective date of any district action that would reduce or curtail |
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production from a well or limit the groundwater production rate of a |
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well to an amount that is less than: |
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(1) the maximum annual amount of withdrawal as of |
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September 1, 2014, authorized by the permit, regardless of whether |
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the permit was issued by the district or the Railroad Commission of |
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Texas; or |
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(2) the maximum annual historical amount of withdrawal |
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recorded before September 1, 2014, if the well was in operation on |
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that date and no permit from any entity was required for the |
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operation of the well. |
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(c) The owner or operator of a well subject to this section |
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may petition for a delay described by Subsection (b). The petition |
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must include evidence that the owner or operator is engaging in good |
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faith efforts to identify practicable, readily available |
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alternative sources of water with comparable quality. After |
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receipt of the petition, the district shall hold a public hearing |
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and after the hearing shall make a final determination as to whether |
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the proposed reduction or curtailment in groundwater production |
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would threaten public health or safety or the reliability of the |
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electric grid. The proposed reduction or curtailment for which the |
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owner or operator is seeking a delay may not take effect until the |
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district has made a final determination under this subsection. |
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(d) If the district determines under Subsection (c) that a |
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proposed reduction or curtailment in groundwater production would |
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threaten public health or safety or the reliability of the electric |
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grid, the district shall delay the effective date of the reduction |
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or curtailment to a date not earlier than seven years after the date |
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that the final determination is made. |
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(e) If an owner or operator receives a delay under |
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Subsection (d), the owner or operator may petition the district at |
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any time before the delayed effective date of the proposed |
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reduction or curtailment to delay the effective date a second time |
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for an additional three years as provided by this subsection. After |
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receiving the petition, the district shall hold a public hearing |
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and after the hearing shall make a final determination to approve |
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the additional three-year delay if the district determines that: |
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(1) the owner or operator has engaged in good faith |
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efforts to identify and begin implementing strategies to comply |
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with the proposed reduction or curtailment; and |
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(2) implementation of the proposed reduction or |
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curtailment in groundwater production on the date set under |
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Subsection (d) would threaten public health or safety or the |
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reliability of the electric grid. |
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(f) In making a final determination described by Subsection |
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(c), (d), or (e), the district shall request, obtain, and give great |
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weight to an opinion issued by the Public Utility Commission of |
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Texas. |
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SECTION 2. The changes in law made by this Act apply only to |
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a reduction or curtailment in groundwater production ordered by a |
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groundwater conservation district on or after the effective date of |
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this Act. A reduction or curtailment in groundwater production |
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ordered by a groundwater conservation district before the effective |
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date of this Act is governed by the law in effect at the time the |
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reduction or curtailment in groundwater production was ordered, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. 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. |
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* * * * * |