| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a mitigation program and fees for the Lost Pines |
|
|
Groundwater Conservation District. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 8849, Special District |
|
|
Local Laws Code, is amended by adding Section 8849.107 to read as |
|
|
follows: |
|
|
Sec. 8849.107. MITIGATION PROGRAM. (a) The district by |
|
|
rule, adopted in accordance with Section 36.101, Water Code, may |
|
|
establish a mitigation program to address excessive drawdown of an |
|
|
aquifer or subdivision of an aquifer in the district that results |
|
|
in: |
|
|
(1) the potentiometric surface being below a desired |
|
|
future condition; or |
|
|
(2) nonproductive wells. |
|
|
(b) In order to provide a balance between the highest |
|
|
practicable level of groundwater production and the conservation, |
|
|
preservation, protection, recharge, and prevention of waste of |
|
|
groundwater and control of subsidence, a mitigation program |
|
|
established under this section may provide reimbursement for the |
|
|
cost of repairing or replacing wells described by Section |
|
|
36.117(b)(1), Water Code, to access groundwater below the |
|
|
potentiometric surface of the aquifer or subdivision of an aquifer |
|
|
that is the subject of the program. |
|
|
(c) The district may enter into a reciprocal agreement with |
|
|
an adjacent groundwater conservation district or a district located |
|
|
in Groundwater Management Area 12 to allow the transfer of |
|
|
groundwater rights in a district for production and use in another |
|
|
district or to support a jointly managed mitigation program. The |
|
|
district may fund the mitigation program with production fees, |
|
|
export fees, or any other revenue available to the district. |
|
|
SECTION 2. Section 8849.151, Special District Local Laws |
|
|
Code, is amended to read as follows: |
|
|
Sec. 8849.151. [PUMPING] FEES. (a) The district may |
|
|
assess production [regulatory pumping] fees under Section |
|
|
36.205(c), Water Code, and export fees under Section 36.122, Water |
|
|
Code [for water produced in or exported from the district]. |
|
|
(b) The production [regulatory pumping] fees the district |
|
|
assesses for water for crop or livestock production or other |
|
|
agricultural uses may not exceed 20 percent of the rate applied to |
|
|
water for municipal uses. |
|
|
(c) Production [Regulatory pumping] fees [based on the |
|
|
amount of water withdrawn from a well] may not exceed: |
|
|
(1) $1 for each acre-foot for water used to irrigate |
|
|
agricultural crops; or |
|
|
(2) 17 cents for each thousand gallons for water used |
|
|
for any other purpose. |
|
|
[(d) Combined regulatory pumping fees for production and |
|
|
export of water may not exceed 17 cents for each thousand gallons |
|
|
for water used.] |
|
|
SECTION 3. Mitigation payments and fees assessed before the |
|
|
effective date of this Act are ratified, confirmed, and validated |
|
|
in all respects. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |