| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to regulation of production of wells for retail public |
|
|
utilities by a groundwater conservation district. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 36.116(c), Water Code, is amended to |
|
|
read as follows: |
|
|
(c) In regulating the production of groundwater based on |
|
|
tract size or acreage, a district shall [may] consider the [service
|
|
|
needs or] service area of a retail public utility that serves the |
|
|
territory where production is regulated by the district in |
|
|
accordance with this section and Section 36.1161. To determine the |
|
|
service area of a retail public utility for consideration under |
|
|
this section, a district shall determine the number of acres in the |
|
|
retail public utility's service area that overlie the aquifer from |
|
|
which a completed or proposed well owned by the retail public |
|
|
utility will produce groundwater and deduct from that number the |
|
|
number of acres in that portion of the service area that the |
|
|
district has permitted to landowners. On the anniversary of the |
|
|
date the permit was issued to the retail public utility, the |
|
|
district shall adjust the permit held by the retail public utility |
|
|
to account for the number of acres permitted to landowners in that |
|
|
portion of the service area since the most recent determination of |
|
|
acreage of the service area. For the purposes of this subsection, |
|
|
"retail public utility" has [shall have] the meaning assigned |
|
|
[provided] by Section 13.002. |
|
|
SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
|
|
by adding Section 36.1161 to read as follows: |
|
|
Sec. 36.1161. REGULATION OF PRODUCTION BY RETAIL PUBLIC |
|
|
UTILITIES. (a) In this section, "retail public utility" has the |
|
|
meaning assigned by Section 13.002. |
|
|
(b) This section applies only to a district that regulates |
|
|
production under Section 36.116 based on tract size or acreage. |
|
|
(c) A district may not deny a permit for the production of |
|
|
groundwater to a landowner because of the location of a well owned |
|
|
by a retail public utility. |
|
|
(d) A retail public utility may not file a protest or |
|
|
objection to a landowner's application for a permit if the proposed |
|
|
well is located in the retail public utility's service area. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |