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A BILL TO BE ENTITLED
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AN ACT
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relating to the groundwater rights of a landowner and the amount of |
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groundwater production for which a groundwater conservation |
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district may issue permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1165 to read as follows: |
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Sec. 36.1165. LIMITS ON REGULATION OF PRODUCTION. (a) In |
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this section: |
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(1) "Landowner" means any person who is entitled to |
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the rights recognized under Section 36.002 and includes the |
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landowner's lessees, heirs, or assigns. |
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(2) "Reduced capacity well" means a well described by |
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Subsection (b). |
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(b) This section applies only to a well located in a |
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district and for which the landowner on whose land the well is |
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located has proof that: |
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(1) the well's maximum annual groundwater production |
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capacity has been reduced from a capacity recorded for that well |
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before September 1, 2015; and |
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(2) the reduction in the well's capacity is caused by a |
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reduced amount of available groundwater in the applicable aquifer |
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or subdivision of the aquifer used by the well as a result of the |
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aggregate withdrawals of groundwater from that aquifer or aquifer |
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subdivision by wells for which permits have been issued. |
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(c) For any area in a district that has one or more reduced |
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capacity wells, the district and any other districts that have |
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regulatory authority over production from the applicable aquifer or |
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aquifer subdivision shall: |
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(1) revise if necessary the most recently adopted |
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desired future conditions for that aquifer or aquifer subdivision; |
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and |
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(2) establish a common production rate per acre for |
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permitted wells drawing from that aquifer or aquifer subdivision |
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throughout the groundwater management area as necessary to prevent |
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further reduction in the production capability of the reduced |
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capacity well or wells. |
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(d) A district that has one or more reduced capacity wells |
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shall reduce the permitted amount of groundwater production from a |
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well in the district to an amount allowed by applying a common |
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production rate per acre as authorized by district rule to all |
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permitted wells that withdraw groundwater from the applicable |
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aquifer or aquifer subdivision. |
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(e) Notwithstanding the timetable for the adoption of |
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desired future conditions prescribed by Section 36.108(d), a |
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district that is required to revise the district's desired future |
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conditions under Subsection (c) may do so at any time, provided that |
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the district notifies the other districts in the applicable |
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groundwater management area of the need for the revision and calls |
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for a joint meeting of the groundwater management area districts to |
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consider the revision as provided by Section 36.108. |
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(f) If a district's desired future conditions for an aquifer |
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or aquifer subdivision are revised under this section, the |
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district: |
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(1) may revise as necessary: |
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(A) the district's management plan; and |
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(B) district rules; |
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(2) shall revise individual permits issued by the |
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district in accordance with this section; |
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(3) shall, if necessary, submit the district's revised |
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management plan to the executive administrator for approval as |
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required by Section 36.1073; and |
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(4) shall request that the executive administrator: |
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(A) conduct any surveys or studies necessary to |
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determine a revised modeled available groundwater for the |
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particular subdivision of the aquifer; and |
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(B) provide the modeled available groundwater to |
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the district or districts affected as required by Section 36.1084. |
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SECTION 2. This Act takes effect September 1, 2015. |