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A BILL TO BE ENTITLED
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AN ACT
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relating to a mitigation program and fees for the Lost Pines |
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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 C, Chapter 8849, Special District |
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Local Laws Code, is amended by adding Section 8849.107 to read as |
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follows: |
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Sec. 8849.107. MITIGATION PROGRAM. (a) In this section, |
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"potentiometric surface" means an imaginary surface representing |
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the static head of groundwater in a tightly cased well that taps a |
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water-bearing rock unit; or, in the case of unconfined aquifers, |
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the water table. |
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(b) The district by rule may establish a mitigation program |
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to address excessive drawdown of an aquifer or subdivision of an |
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aquifer in the district that results in: |
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(1) the potentiometric surface being below a desired |
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future condition; or |
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(2) nonproductive wells. |
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(c) A mitigation program established under this section |
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may: |
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(1) reduce groundwater production from the aquifer or |
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subdivision of an aquifer that is the subject of the program; or |
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(2) provide reimbursement for the cost of repairing |
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wells to access groundwater below the potentiometric surface of the |
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aquifer or subdivision of an aquifer that is the subject of the |
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program. |
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(d) The district may fund the mitigation program with |
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production fees, export fees, or any other revenue available to the |
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district. |
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SECTION 2. Section 8849.151, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8849.151. [PUMPING] FEES. (a) The district may |
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assess production [regulatory pumping] fees under Section |
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36.205(c), Water Code, and export fees under Section 36.122, Water |
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Code [for water produced in or exported from the district]. |
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(b) The production [regulatory pumping] fees the district |
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assesses for water for crop or livestock production or other |
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agricultural uses may not exceed 20 percent of the rate applied to |
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water for municipal uses. |
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(c) Production [Regulatory pumping] fees [based on the |
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amount of water withdrawn from a well] may not exceed: |
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(1) $1 for each acre-foot for water used to irrigate |
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agricultural crops; or |
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(2) 17 cents for each thousand gallons for water used |
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for any other purpose. |
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[(d) Combined regulatory pumping fees for production and |
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export of water may not exceed 17 cents for each thousand gallons |
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for water used.] |
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SECTION 3. Mitigation payments and fees assessed before the |
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effective date of this Act are ratified, confirmed, and validated |
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in all respects. |
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SECTION 4. 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, 2023. |