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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain persons to petition a |
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groundwater conservation district to change certain rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1025 to read as follows: |
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Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with |
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groundwater ownership and rights may petition the district where |
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the property that gives rise to the ownership and rights is located |
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to adopt a rule or modify a rule adopted under this chapter. |
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(b) A petition submitted under this section must include: |
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(1) an explanation of why the adoption or modification |
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of the rule requested is necessary to be consistent with: |
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(A) ownership and rights recognized under |
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Section 36.002; or |
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(B) conservation or beneficial use of the |
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groundwater resources located in the district, in regard to either: |
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(i) the entire district; or |
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(ii) an aquifer, subdivision of an aquifer, |
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or geologic strata located in the district; and |
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(2) proof that the petitioner has complied with the |
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notice requirements described by Subsection (c). |
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(c) A petitioner under this section must provide written |
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notice of the petition to each person with groundwater ownership |
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and rights in the geographic area that would be affected by the |
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adoption or modification of the rule described in the petition. |
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(d) The district shall hold a hearing on a petition |
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submitted under this section in the same manner as a rulemaking |
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hearing described by Section 36.101. |
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(e) After a hearing held under Subsection (d), the district |
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shall grant or deny the petition and may grant or deny the petition |
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wholly or partly. The district shall provide an explanation for the |
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action the district takes on the petition, including a |
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determination about the consistency of the action with the concerns |
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raised by the petitioner's explanation required by Subsection |
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(b)(1). |
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(f) As soon as practicable after a petition or a portion of a |
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petition is granted, the district shall engage in rulemaking |
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consistent with the granted petition or the granted portion of the |
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petition. |
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(g) A decision on a petition under Subsection (e) is final |
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and appealable under Section 36.251. |
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SECTION 2. This Act takes effect September 1, 2023. |