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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of groundwater produced in the |
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boundaries of a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.1132, Water Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A district may not issue a permit after December 1, |
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2025, to an applicant for the production and transfer out of the |
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district of groundwater if the issuance of the permit would |
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authorize the applicant to produce and transfer out of the district |
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a total amount of groundwater, considering all permits issued by |
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the district to the applicant, a subsidiary of the applicant, or an |
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entity owned or controlled by the applicant, in an amount that would |
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exceed five percent of the total modeled available groundwater |
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apportioned to the district as determined by the executive |
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administrator. |
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SECTION 2. Section 36.122, Water Code, is amended by adding |
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Subsection (t) to read as follows: |
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(t) If an application for a permit or an amendment to a |
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permit under Section 36.113 proposes the transfer of groundwater |
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outside of a district's boundaries produced from a well capable of |
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producing 25,000 gallons or more of groundwater a day, the district |
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shall notify each other district located in that district's |
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management area and may not issue the permit unless at least |
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two-thirds of all the districts located in the district's |
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management area approve the permit by a majority vote of each |
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district's board. The board of each district shall consider the |
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potential impact of the permit on the achievement of the desired |
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future conditions adopted under Section 36.108 for the management |
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area in determining whether to approve or deny the permit. |
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SECTION 3. Section 8863.103(c), Special District Local Laws |
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Code, is amended to read as follows: |
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(c) The district may determine that a transfer of |
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groundwater produced within the district's boundaries for use |
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outside the district's boundaries will not be considered a transfer |
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outside the district if the transfer[: |
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[(1) is for use as a potable water supply by a |
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retail public utility and is within an authorized service area of |
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which an appropriate portion, as determined by the district, is |
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located inside the district's boundaries; or |
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[(2)] involves an emergency potable water |
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interconnect between retail public utilities. |
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SECTION 4. Section 36.122(t), Water Code, as added by this |
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Act, applies only to a permit issued by a groundwater conservation |
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district on or after the effective date of this Act. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |