89S20731 SCR-D
 
  By: Nichols S.B. No. 50
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a groundwater study of certain aquifers underlying the
  territory of the Neches and Trinity Valleys Groundwater
  Conservation District by the Texas Water Development Board before
  the issuance of permits or permit amendments by the district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 8863, Special District
  Local Laws Code, is amended by adding Section 8863.106 to read as
  follows:
         Sec. 8863.106.  STUDY; PERMIT MORATORIUM. (a) The Texas
  Water Development Board shall conduct a study to:
               (1)  analyze the annual maximum amount of groundwater
  that can be produced in perpetuity in the district from the
  aquifers underlying the district's territory without impeding the
  achievement of the desired future conditions adopted for those
  aquifers that are applicable to the territory of the district;
               (2)  compare the results of the analyses conducted
  under Subdivision (1) to the amount of modeled available
  groundwater determined by the executive administrator of the Texas
  Water Development Board before September 1, 2025, for each aquifer;
  and
               (3)  assess the hydrological effects in the district of
  proposed groundwater production in the district as represented in
  the applicable desired future conditions, and of transfers of
  produced groundwater to areas outside of the district proposed in
  any pending applications for a permit or permit amendment from the
  district, and compare those effects with the hydrological effects
  that would be expected if groundwater production in the district
  were limited annually to the amount that could be produced in
  perpetuity as determined under Subdivision (1).
         (b)  The hydrological effects assessed under Subsection
  (a)(3) must include effects on average annual recharge, inflows,
  discharges, spring flows, capture, and interaction between
  groundwater and surface water in the district.
         (c)  Not later than January 12, 2027, the Texas Water
  Development Board shall prepare and submit to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and each standing legislative committee with primary jurisdiction
  over groundwater a report on the results of the study conducted
  under this section.
         (d)  The district may not issue a new permit or permit
  amendment to an applicant for the production and transfer out of the
  district of groundwater until after the 270th day after the
  deadline for the submission of the report required by Subsection
  (c).
         (e)  This section expires November 1, 2027.
         SECTION 2.  Section 8863.106(d), Special District Local Laws
  Code, as added by this Act, does not apply to a permit or a permit
  amendment issued by the Neches and Trinity Valleys Groundwater
  Conservation District before the effective date of this Act.
         SECTION 3.  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 on the 91st day after the last day of the
  legislative session.