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A BILL TO BE ENTITLED
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AN ACT
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relating to the criteria considered by groundwater conservation |
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districts before granting or denying a permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.113(d), Water Code, is amended to |
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read as follows: |
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(d) This subsection does not apply to the renewal of an |
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operating permit issued under Section 36.1145. Before granting or |
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denying a permit, or a permit amendment issued in accordance with |
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Section 36.1146, the district shall consider whether: |
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(1) the application conforms to the requirements |
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prescribed by this chapter and is accompanied by the prescribed |
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fees; |
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(2) the proposed use of water unreasonably affects: |
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(A) existing groundwater and surface water |
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resources; [or] |
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(B) existing permit holders; or |
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(C) wells that are exempt from the requirement to |
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obtain a permit under this chapter or district rules; |
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(3) the proposed use of water is dedicated to any |
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beneficial use; |
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(4) the proposed use of water is consistent with the |
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district's approved management plan; |
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(5) if the well will be located in the Hill Country |
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Priority Groundwater Management Area, the proposed use of water |
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from the well is wholly or partly to provide water to a pond, lake, |
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or reservoir to enhance the appearance of the landscape; |
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(6) the applicant has agreed to avoid waste and |
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achieve water conservation; and |
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(7) the applicant has agreed that reasonable diligence |
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will be used to protect groundwater quality and that the applicant |
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will follow well plugging guidelines at the time of well closure. |
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SECTION 2. 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. |