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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of commercial development of groundwater |
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in certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 35, Water Code, is amended by adding |
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Section 35.021 to read as follows: |
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Sec. 35.021. COMMERCIAL DEVELOPMENT OF GROUNDWATER IN |
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CERTAIN ZONES. (a) In this section, "buffer zone" means an area |
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that extends twelve miles from the boundaries of an aquifer |
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encompassed by a groundwater conservation district that comprises |
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of four counties, is located not greater than one hundred miles from |
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the Gulf Coast, is located not greater than one hundred miles from |
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the Texas-Mexico international border, and is adjacent to a county |
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whose population is greater than 1.6 million. |
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(b) Notwithstanding an exemption from permitting that might |
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apply under the rules of a groundwater conservation district under |
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Section 36.117, a person who seeks to drill or operate a well |
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located in a buffer zone to produce groundwater for commercial |
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purposes must submit an application for approval to drill and |
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operate the well to the nearest geographically situated groundwater |
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conservation district in which the aquifer is located. |
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(c) The groundwater conservation district shall schedule, |
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post notice for, and conduct a public hearing for comments before |
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making a decision to approve or deny an application received under |
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Subsection (b). |
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(d) An application under this section must include the |
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likely effects of the well's proposed production amounts over the |
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25-year period that would begin on the expected date of first |
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production from the well including: |
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(1) potential adverse effects on the desired future |
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condition adopted by a groundwater conservation district for the |
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relevant aquifer under Section 36.108; |
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(2) population growth predicted for the surrounding |
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area; |
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(3) shortages of surface water or groundwater |
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resulting from a long-term drought; |
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(4) potential land subsidence; |
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(5) possible contamination of groundwater supplies; |
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and |
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(6) other issues groundwater conservation district |
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considers relevant. |
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(e) A well may be drilled and operated under this section |
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only if the application is approved by the applicable groundwater |
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conservation district, unless the well is exempt from permitting |
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under the district's rules. |
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SECTION 2. This Act applies only to a groundwater well for |
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which the drilling is begun on or after the effective date of this |
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Act. A well for which the drilling is begun before the effective |
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date of this Act is governed by the law in effect on the date the |
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drilling was begun, and that law is continued in effect for that |
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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. |