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A BILL TO BE ENTITLED
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AN ACT
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relating to permits for the production of groundwater in a |
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designated brackish groundwater production zone in the Brush |
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Country Groundwater Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 8852, Special District |
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Local Laws Code, is amended by adding Section 8852.109 to read as |
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follows: |
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Sec. 8852.109. EFFECTS OF PRODUCTION FROM DESIGNATED |
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BRACKISH GROUNDWATER PRODUCTION ZONE. (a) In reviewing an |
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application for proposed production of groundwater from a well |
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located in a designated brackish groundwater production zone |
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identified under Section 16.060(b)(5), Water Code, the district |
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shall determine whether the proposed production would have a |
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negative effect on: |
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(1) the availability of water in the district; |
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(2) the conditions of any aquifer that overlies the |
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district; |
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(3) subsidence in the district; |
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(4) existing permit holders or other groundwater users |
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in the district; |
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(5) any applicable approved regional water plan or |
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certified district management plan; and |
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(6) the desired future conditions of the aquifers |
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within the district and the managed available groundwater for the |
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aquifers. |
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(b) If the district determines under Subsection (a) that the |
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proposed production would have a negative effect, the district may |
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impose on the permit requirements or limitations, in addition to |
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the conditions authorized by Chapter 36, Water Code, that are |
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designed to minimize the effect. |
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SECTION 2. The change in law made by Section 8852.109, |
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Special District Local Laws Code, as added by this Act, applies only |
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to an application for production from a well submitted to a |
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groundwater conservation district on or after the effective date of |
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this Act. An application submitted before the effective date is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |