| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
|
| |
|
|
relating to authorizing petitions to change certain rules adopted |
|
|
by groundwater conservation districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
|
|
by adding Section 36.1025 to read as follows: |
|
|
Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with |
|
|
groundwater ownership and rights may petition the district where |
|
|
the property that gives rise to the ownership and rights is located |
|
|
to adopt a rule or modify a rule adopted under this chapter. |
|
|
(b) A petition submitted under this section must include: |
|
|
(1) an explanation of why the adoption or modification |
|
|
of the rule requested is necessary to be consistent with: |
|
|
(A) ownership and rights recognized under |
|
|
Section 36.002; or |
|
|
(B) conservation or beneficial use of the |
|
|
groundwater resources located in the district, in regard to either: |
|
|
(i) the entire district; or |
|
|
(ii) an aquifer, subdivision of an aquifer, |
|
|
or geologic strata located in the district; and |
|
|
(2) proof that the petitioner has complied with the |
|
|
notice requirements described by Subsection (c). |
|
|
(c) A petitioner under this section must provide written |
|
|
notice of the petition to each person with groundwater ownership |
|
|
and rights in the geographic area that would be affected by the |
|
|
adoption or modification of the rule described in the petition. |
|
|
(d) The district may consider the petition at a public |
|
|
hearing or a regularly scheduled board meeting. The district must |
|
|
grant or deny the petition not later than the 90th day after the |
|
|
date the district received the petition. |
|
|
(e) After a public hearing or at a board meeting held under |
|
|
Subsection (d), the district shall grant or deny the petition and |
|
|
may grant or deny the petition wholly or partly. The district shall |
|
|
provide an explanation for the action the district takes on the |
|
|
petition, including a determination about the consistency of the |
|
|
action with the concerns raised by the petitioner's explanation |
|
|
required by Subsection (b)(1). |
|
|
(f) As soon as practicable after a petition or a portion of a |
|
|
petition is granted, the district shall engage in rulemaking |
|
|
consistent with the granted petition or the granted portion of the |
|
|
petition. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |