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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.113(c) and (d), Water Code, are |
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amended to read as follows: |
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(c) A district may require that only the following be |
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included in the permit or permit amendment application, as |
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applicable under the rules of the district: |
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(1) the name and mailing address of the applicant and |
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the owner of the land on which the well will be located; |
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(2) if the applicant is other than the owner of the |
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property, documentation establishing the applicable authority to |
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construct and operate a well for the proposed use; |
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(3) a statement of the nature and purpose of the |
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proposed use and the amount of water to be used for each purpose; |
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(4) a water conservation plan or a declaration that |
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the applicant will comply with the district's management plan; |
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(5) the location of each well and the estimated rate at |
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which water will be withdrawn; |
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(6) a water well closure plan or a declaration that the |
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applicant will comply with well plugging guidelines and report |
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closure to the commission; [and] |
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(7) a drought contingency plan; and |
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(8) other information: |
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(A) included in a rule of the district in effect |
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on the date the application is submitted that specifies what |
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information must be included in an application for a determination |
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of administrative completeness; and |
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(B) reasonably related to an issue that a |
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district is authorized to consider under this chapter. |
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(d) This subsection does not apply to the renewal of an |
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operating permit issued under Section 36.1145. Before granting or |
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denying a permit, or a permit amendment issued in accordance with |
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Section 36.1146, 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 projected effect of the proposed production |
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[use of water] unreasonably affects aquifer conditions, depletion, |
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subsidence, existing groundwater and surface water resources, or |
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existing permit 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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SECTION 2. Section 36.114(h), Water Code, is amended to |
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read as follows: |
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(h) An application is administratively complete if it |
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contains the [application requires] information set forth under [in
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accordance with] Sections 36.113 and 36.1131. A district may not |
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require that additional information be included in an application |
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for a determination of administrative completeness. |
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SECTION 3. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1147 to read as follows: |
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Sec. 36.1147. LIMITATION ON APPLICABILITY OF RULES. The |
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rules of a district in effect on the date an application for a |
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permit or a permit amendment is submitted to the district are the |
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only district rules that may govern the district's decision to |
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grant or deny the application. |
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SECTION 4. The heading to Section 36.122, Water Code, is |
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amended to read as follows: |
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Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER OUT OF |
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DISTRICT. |
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SECTION 5. Section 36.122, Water Code, is amended by |
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amending Subsections (a), (b), (c), and (d) and adding Subsections |
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(f-1) and (f-2) to read as follows: |
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(a) This section applies to [If] an application for a permit |
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or an amendment to a permit under Section 36.113 that proposes the |
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export [transfer] of groundwater for use outside of a district's |
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boundaries[, the district may also consider the provisions of this
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section in determining whether to grant or deny the permit or permit
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amendment]. |
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(b) A district may promulgate rules requiring a person to |
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obtain an operating [a] permit or an amendment to an operating [a] |
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permit under Section 36.113 from the district to produce and export |
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[for the transfer of] groundwater. A district may not require a |
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separate permit for the export of groundwater for use outside [out] |
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of the district [to:
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[(1)
increase, on or after March 2, 1997, the amount of
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groundwater to be transferred under a continuing arrangement in
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effect before that date; or
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[(2)
transfer groundwater out of the district on or
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after March 2, 1997, under a new arrangement]. |
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(c) Except as provided in Subsection (e) [Section
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36.113(e)], the district may not impose more restrictive |
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requirements or permit conditions on exporters [transporters] than |
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the district imposes on [existing] in-district users. A district |
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may not deny a permit because the applicant intends to export |
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groundwater for use outside of the district. |
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(d) The district may impose a reasonable fee for processing |
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an application under this section. The fee may not exceed fees that |
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the district imposes for processing other applications under |
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Section 36.113. An application filed under [to comply with] this |
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section shall be considered and processed under the same procedures |
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as other applications for permits under Section 36.113 [and shall
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be combined with applications filed to obtain a permit for
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in-district water use under Section 36.113 from the same
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applicant]. |
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(f-1) A term for a permit issued under this section that |
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existed on May 29, 2017, shall automatically be extended on or |
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before its expiration: |
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(1) to a term that is not shorter than the term of an |
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operating permit for the production of water to be exported that is |
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in effect at the time of the extension; and |
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(2) for each additional term for which that operating |
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permit for production is renewed under Section 36.1145 or remains |
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in effect under Section 36.1146. |
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(f-2) A term automatically extended under Subsection (f-1) |
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continues to be subject to conditions contained in the permit as |
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issued before the automatic extension. |
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SECTION 6. Chapter 36, Water Code, is amended by adding |
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Subchapter M-1 to read as follows: |
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SUBCHAPTER M-1. MORATORIUM ON ISSUING PERMIT |
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Sec. 36.426. PROCEDURE FOR ADOPTING MORATORIUM. A district |
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may not adopt a moratorium on the issuance of a permit or permit |
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amendment unless the district: |
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(1) complies with the notice and hearing procedures |
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prescribed by Section 36.427; and |
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(2) makes written findings supporting the district's |
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determination regarding the issuance, including the district's |
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justification for imposing the moratorium, if applicable. |
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Sec. 36.427. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a) A |
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district may impose a moratorium on the issuance of a permit or |
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permit amendment only after the district conducts a public hearing |
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as provided by this section. The public hearing must provide |
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residents of the district and other affected parties an opportunity |
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to be heard. |
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(b) The district shall publish notice of the date, time, and |
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place of the hearing in a newspaper of general circulation in the |
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district on the fourth day before the date of the hearing. |
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(c) During the period beginning on the fifth business day |
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after the date a notice is published under Subsection (b) and ending |
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on the date the district makes its determination under Subsection |
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(d), a temporary moratorium is imposed. During that period, a |
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district may stop issuing permits or permit amendments. |
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(d) Not later than the 12th day after the date of the public |
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hearing, the district shall make a final determination on whether |
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to impose the moratorium and shall issue written findings |
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supporting the district's determination, including the district's |
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justification for imposing the moratorium, if applicable. |
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Sec. 36.428. EXPIRATION OF MORATORIUM; EXTENSION |
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PROHIBITED. A moratorium imposed under this subchapter expires on |
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the 90th day after the date the district makes its determination |
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under Section 36.427(d) to impose the moratorium. The district may |
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not extend a moratorium imposed under this subchapter. |
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SECTION 7. A moratorium on the issuance of a permit or |
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permit amendment that is adopted by a groundwater conservation |
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district under Subchapter M-1, Chapter 36, Water Code, as added by |
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this Act, before September 1, 2017, may not continue in effect later |
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than November 30, 2017. |
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SECTION 8. (a) A permit to export groundwater approved by a |
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groundwater conservation district before the effective date of this |
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Act is validated and confirmed in all respects. This subsection |
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does not apply to a permit to export groundwater that is subject to |
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litigation: |
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(1) that is pending on the effective date of this Act; |
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or |
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(2) that results in final judgment that may not be |
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appealed that the permit is invalid. |
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(b) An administratively complete permit application to |
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export groundwater received by a groundwater conservation district |
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before the effective date of this Act is governed by the law in |
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effect when the application became administratively complete. The |
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former law is continued for the purpose of processing an |
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application received before the effective date of this Act. |
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SECTION 9. Sections 36.122(f), (g), (h), (i), (j), (k), |
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(l), (m), (n), (o), (p), and (q), Water Code, are repealed. |
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SECTION 10. This Act takes effect September 1, 2017. |