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A BILL TO BE ENTITLED
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AN ACT
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relating to extensions of an expired permit for the transfer of |
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groundwater from a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.122, Water Code, is amended by adding |
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Subsections (j-1), (j-2), (r), and (s) and amending Subsection (k) |
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to read as follows: |
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(j-1) A district shall extend a term under Subsection (i)(2) |
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or (j) on or before its expiration in the manner prescribed by |
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Section 36.1145: |
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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 transferred that |
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is 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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(j-2) A permit extended under Subsection (j-1) continues to |
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be subject to conditions contained in the permit as issued before |
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the extension. |
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(k) Notwithstanding the period specified under Subsection |
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[in Subsections] (i), [and] (j), or (j-1) during which water may be |
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transferred under a permit, a district may periodically review the |
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amount of water that may be transferred under the permit and may |
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limit the amount if additional factors considered in Subsection (f) |
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warrant the limitation, subject to Subsection (c). The review |
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described by this subsection may take place not more frequently |
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than the period provided for the review or renewal of regular |
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permits issued by the district. In its determination of whether to |
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renew a permit issued under this section, the district shall |
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consider relevant and current data for the conservation of |
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groundwater resources and shall consider the permit in the same |
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manner it would consider any other permit in the district. |
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(r) The district may grant or deny an application to extend |
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a term under Subsection (i)(2) or (j) submitted under this section |
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only using rules that were in effect at the time the application was |
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submitted. |
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(s) An application to extend a term under Subsection (i)(2) |
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or (j) is governed solely by district rules consistent with |
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Subsection (j-1). |
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SECTION 2. The changes in law made by this Act apply only to |
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the term of a permit issued under Sections 36.122(i) and (j), Water |
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Code, that expires after September 1, 2019. |
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SECTION 3. This Act takes effect September 1, 2019. |