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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the production of retail public utility |
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wells by 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 36.002(d), Water Code, is amended to |
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read as follows: |
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(d) This section does not: |
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(1) prohibit a district from limiting or prohibiting |
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the drilling of a well by a landowner for failure or inability to |
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comply with minimum well spacing or tract size requirements adopted |
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by the district; |
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(2) affect the ability of a district to regulate |
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groundwater production as authorized under Section 36.113, 36.116, |
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36.1161, or 36.122 or otherwise under this chapter or a special law |
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governing a district; or |
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(3) require that a rule adopted by a district allocate |
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to each landowner a proportionate share of available groundwater |
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for production from the aquifer based on the number of acres owned |
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by the landowner. |
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SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1161 to read as follows: |
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Sec. 36.1161. REGULATION OF PRODUCTION BY RETAIL PUBLIC |
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UTILITIES. (a) In this section, "retail public utility" has the |
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meaning assigned by Section 13.002. |
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(b) This section applies only to a district that regulates |
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production under Section 36.116 based on tract size or acreage. |
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(c) A retail public utility may petition a district to |
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authorize the retail public utility to produce groundwater based |
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on: |
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(1) the aggregate acreage owned or leased by the |
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retail public utility; and |
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(2) the acreage of the landowners served by the retail |
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public utility as provided by Subsection (d). |
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(d) A district may only base a retail public utility's |
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authorized production amount under this section in a manner |
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consistent with district rules and based on acreage of landowners |
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served by the retail public utility if: |
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(1) the utility has acquired from the landowner a real |
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property interest in the groundwater beneath the land; or |
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(2) the landowner has provided written permission for |
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the retail public utility to exercise the utility's real property |
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interest in the groundwater beneath the landowner's land until the |
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landowner: |
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(A) drills a well and produces water from the |
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land; or |
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(B) transfers title to the land or real property |
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interest in the groundwater to another person. |
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(e) The district shall hold a public hearing to consider |
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approval of a petition submitted under this section. The district |
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shall require the retail public utility submitting the petition to |
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provide written notice of the hearing not later than the 60th day |
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before the date of the hearing to: |
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(1) the landowners served by the retail public |
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utility; |
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(2) persons with permitted or registered wells in the |
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district; and |
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(3) persons not described by Subdivision (1) or (2) |
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who have a property interest in groundwater under land that is |
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within one mile of the utility's wells in the district. |
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(f) The district shall consider a petition at a hearing |
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under this section in the same manner as a rulemaking hearing under |
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Section 36.101. |
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SECTION 3. Section 36.414(a), Water Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), a district shall |
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process applications from a single applicant under consolidated |
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notice and hearing procedures on written request by the applicant |
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if the district requires a separate permit or permit amendment |
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application for: |
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(1) drilling, equipping, operating, or completing a |
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well or substantially altering the size of a well or well pump under |
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Section 36.113; |
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(2) the spacing of water wells or the production of |
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groundwater under Section 36.116 or 36.1161; or |
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(3) transferring groundwater out of a district under |
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Section 36.122. |
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SECTION 4. Section 36.116(c), Water Code, is repealed. |
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SECTION 5. This Act takes effect September 1, 2019. |