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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. Chapter 8849, Special District Local Laws Code, |
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is amended by adding Section 8849.107 to read as follows: |
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Sec. 8849.107. MITIGATION PROGRAM. (a) The district may, |
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by rule, establish a mitigation program to address excessive |
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drawdown in an aquifer or subdivision of an aquifer such that the |
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potentiometric surface is below the desired future condition or has |
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resulted in wells having become non-productive. In accordance with |
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a district rule, mitigation may take the form of: |
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1) reducing groundwater production within the |
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aquifer or subdivision of an aquifer; or |
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2) providing reimbursement for the cost of |
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repairing wells to access groundwater below the potentiometric |
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surface of the aquifer or subdivision of an aquifer. |
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(b) The district may fund the mitigation program utilizing |
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pumping 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 assess |
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regulatory production [pumping] fees pursuant to Section |
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36.205(c), Water Code, and regulatory export fees pursuant to |
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Section 36.122, Water Code [for water produced in or exported from |
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the district]. |
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(b) The regulatory production [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) Regulatory production [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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and all governmental acts and proceedings of the board of directors |
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that occurred before the effective date of this Act are validated |
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for all purposes. |
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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. |