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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation and permitting of groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Water Code, is amended by adding new |
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Section 36.1133 to read as follows: |
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Sec. 36.1133. PERMITS BASED ON CONTIGUOUS SURFACE ACREAGE. |
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(a) As used in this section, "Contiguous Surface Acres" means land |
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that shares a common boundary or property line. The existence of a |
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natural or manmade feature that separates or transects one or more |
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tracts of land, including a road, fence, train track, or water |
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course, which tract or tracts are owned by the same person or entity |
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does not render the acreage noncontiguous. |
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(b) A district shall issue permits without notice or |
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opportunity for hearing to the owner of a parcel of land that |
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contains greater than 1000 contiguous surface acres and is included |
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in the territory of two or more groundwater conservation districts. |
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(c) a permit issued pursuant to this section shall authorize |
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the production of a volume of groundwater on a per acre basis equal |
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to the greatest amount of groundwater authorized under permits |
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previously issued by the district receiving the permit application |
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by calculating the per acre-foot per acre volume authorized |
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irrespective of whether the district has adopted rules to limit the |
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production of groundwater on a per acre production basis. |
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(d) groundwater produced pursuant to a permit issued under |
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this section may be applied to any beneficial purpose including |
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outside of the boundaries of the district from which it was |
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produced. |
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(e) Sections 36.113-36.1132, 36.114-36.114, and 36.116 do |
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not apply to permits issued pursuant to this section. |
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SECTION 2. EFFECTIVE DATE. Except as otherwise provided by |
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this Act, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2017, except as otherwise provided by this Act. |