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A BILL TO BE ENTITLED
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AN ACT
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relating to exports of groundwater from a groundwater conservation |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SECTION 1. Section 36.122, Water Code, is |
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amended to read as follows: |
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Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER OUT OF |
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DISTRICT. (a) If an application for a permit or an amendment to a |
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permit under Section 36.113 proposes the export [transfer] of |
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groundwater outside of a district's boundaries, the district may |
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also consider the provisions of this section in determining whether |
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to grant or deny the permit or permit amendment. |
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(b) A district may promulgate rules requiring a person to |
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obtain a permit or an amendment to a permit under Section 36.113 |
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from the district [for the transfer of] to export groundwater [out
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of the district] to: |
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(1) increase, on or after March 2, 1997, the amount of |
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groundwater to be [transferred] exported under a continuing |
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arrangement in effect before that date; or |
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(2) [transfer] export groundwater [out of the
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district] on or after March 2, 1997, under a new arrangement. |
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(c) Except as provided in Section 36.113(e), the district |
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may not impose more restrictive permit conditions on [transporters] |
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exporters than the district imposes on existing in-district users. |
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The district may not deny a permit based on the fact that the |
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applicant seeks to export groundwater. A district may not prohibit |
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the export of groundwater. |
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(d) The district may impose a reasonable fee for processing |
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an application under this section. The fee may not exceed fees that |
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the district imposes for processing other applications under |
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Section 36.113. An application filed to comply with this section |
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shall be considered and processed under the same procedures as |
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other applications for permits under Section 36.113 and shall be |
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combined with applications filed to obtain a permit for in-district |
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water use under Section 36.113 from the same applicant. |
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(e) The district may impose an export [a reasonable] fee or |
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surcharge [for an export fee] using one of the following methods: |
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(1) a fee negotiated between the district and the |
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exporter [transporter]; |
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(2) a rate not to exceed the equivalent of the |
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district's tax rate per hundred dollars of valuation for each |
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thousand gallons of water exported from [transferred out of] the |
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district or 2.5 cents per thousand gallons of water, if the district |
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assesses a tax rate of less than 2.5 cents per hundred dollars of |
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valuation; or |
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(3) for a fee-based district, a 50 percent export |
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surcharge, in addition to the district's production fee, for water |
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exported from [transferred out of] the district. |
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[(f)
In reviewing a proposed transfer of groundwater out of
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the district, the district shall consider:
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(1)
the availability of water in the district and in
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the proposed receiving area during the period for which the water
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supply is requested;
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(2)
the projected effect of the proposed transfer on
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aquifer conditions, depletion, subsidence, or effects on existing
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permit holders or other groundwater users within the district; and
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(3)
the approved regional water plan and approved
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district management plan.
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(g)
The district may not deny a permit based on the fact that
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the applicant seeks to transfer groundwater outside of the district
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but may limit a permit issued under this section if conditions in
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Subsection (f) warrant the limitation, subject to Subsection (c)]. |
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(h) In addition to conditions provided by Section 36.1131, |
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the permit shall specify: |
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(1) the amount of water that may be exported from |
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[transferred out of] the district; and |
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(2) the period for which the water may be exported |
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[transferred]. |
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(i) The period specified by Subsection (h)(2) shall be: |
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(1) at least three years if construction of a |
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conveyance system has not been initiated prior to the issuance of |
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the permit; or |
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(2) at least 30 years if construction of a conveyance |
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system has been initiated prior to the issuance of the permit. |
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(j) A term under Subsection (i)(1) shall automatically be |
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extended to the terms agreed to under Subsection (i)(2) if |
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construction of a conveyance system is begun before the expiration |
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of the initial term. |
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[(k)
Notwithstanding the period specified in Subsections
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(i) and (j) during which water may be transferred under a permit, a
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district may periodically review the amount of water that may be
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transferred under the permit and may limit the amount if additional
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factors considered in Subsection (f) warrant the limitation,
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subject to Subsection (c). The review described by this subsection
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may take place not more frequently than the period provided for the
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review or renewal of regular permits issued by the district. In its
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determination of whether to renew a permit issued under this
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section, the district shall consider relevant and current data for
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the conservation of groundwater resources and shall consider the
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permit in the same manner it would consider any other permit in the
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district.
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(l)
A district is prohibited from using revenues obtained
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under Subsection (e) to prohibit the transfer of groundwater
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outside of a district. A district is not prohibited from using
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revenues obtained under Subsection (e) for paying expenses related
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to enforcement of this chapter or district rules.
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(m)
A district may not prohibit the export of groundwater if
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the purchase was in effect on or before June 1, 1997.
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(n)
This section applies only to a transfer of water that is
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permitted after September 1, 1997.
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(o)
A district shall adopt rules as necessary to implement
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this section but may not adopt rules expressly prohibiting the
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export of groundwater]. |
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(p) Subsection (e) does not apply to a district that is |
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collecting an export fee or surcharge on March 1, 2001. |
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[(q)
In applying this section, a district must be fair,
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impartial, and nondiscriminatory.] |
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SECTION 2. 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, 2015. |