Amend Floor Amendment No. 51 (by Walker) to CSSB 1 at the end
of the amendment by adding the following appropriately numbered
section and by renumbering the subsequent sections appropriately:
      SECTION ____.  Subchapter D, Chapter 36, Water Code, is
amended by adding Section 36.122 to read as follows:
      Sec. 36.122.  TRANSFER OF GROUNDWATER OUT OF
DISTRICT.  (a)  A person must obtain a permit from a district to:
            (1)  increase, on or after March 2, 1997, the amount of
groundwater to be transferred under a continuing arrangement in
effect before that date; or
            (2)  transfer groundwater out of the district on or
after March 2, 1997, under a new arrangement.
      (b)  The district may impose a reasonable fee for processing
an application for a permit under this section.
      (c)  Before issuing a permit under this section, the district
must give notice of the application and hold a public hearing.
      (d)  In determining whether to issue a permit under this
section, the district shall consider:
            (1)  the need for the water in the district and in the
proposed receiving area during the period for which the water
supply is requested;
            (2)  the availability of feasible and practicable
alternative supplies to the applicant;
            (3)  the amount and purposes of use in the proposed
receiving area for which water is needed;
            (4)  existing and proposed methods and efforts by the
applicant to avoid waste and implement water conservation and
drought contingency measures;
            (5)  proposed methods and efforts by the applicant to
put the water proposed for transfer to beneficial use;
            (6)  the projected economic impact that is expected to
occur in the district and the proposed receiving area of the
transfer; and
            (7)  the projected effect of the proposed transfer on
existing instream uses, water quality, and aquatic and riparian
habitat.
      (e)  The district may limit a permit issued under this
section if:
            (1)  there is an existing or foreseeable need for the
water in the district during the term of the permit; and
            (2)  adequate alternative water supplies to the water
proposed for transfer are not available in the district.
      (f)  In addition to conditions provided by Section 36.1131,
the permit shall specify:
            (1)  the amount of water that may be transferred out of
the district; and
            (2)  the period for which the water may be transferred.

      (g)  A permit may be issued for a term not longer than 10
years. The permit may be renewed for a term not longer than 10
years if the conditions of this section are met.
      (h)  This section applies only to a transfer of water that is
initiated or increased after the effective date of this section.