Bill Text: TX HB3405 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the territory, jurisdiction, and powers of the Barton Springs-Edwards Aquifer Conservation District, including its authority to regulate certain wells for the production of groundwater; imposing a cap on certain fees.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2015-06-19 - Effective immediately [HB3405 Detail]

Download: Texas-2015-HB3405-Enrolled.html

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H.B. No. 3405

AN ACT
relating to the territory, jurisdiction, and powers of the Barton
Springs-Edwards Aquifer Conservation District, including its
authority to regulate certain wells for the production of
groundwater; imposing a cap on certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 8802, Special District
Local Laws Code, is amended by adding Section 8802.0035 to read as
follows:
Sec. 8802.0035. SHARED TERRITORY; JURISDICTION. (a) The
territory of the district includes any territory that is:
(1) inside the boundaries of:
(A) the Edwards Aquifer Authority; and
(B) Hays County; and
(2) not within the boundaries of the Plum Creek
Conservation District as those boundaries existed on February 1,
2015.
(b) The Edwards Aquifer Authority has jurisdiction over any
well that is drilled to produce water from the Edwards Aquifer in
the shared territory described by Subsection (a).
(c) The district has jurisdiction over groundwater and any
well that is drilled to produce water from any aquifer other than
the Edwards Aquifer in the shared territory described by Subsection
(a).
(d) Except for the district and the Edwards Aquifer
Authority, no district or authority created under Section 52,
Article III, or Section 59, Article XVI, Texas Constitution, has
authority in the shared territory described by Subsection (a) to
regulate the spacing of water wells or the production from water
wells.
(e) The district has jurisdiction over any well that is
drilled to produce water from the Edwards Aquifer or any other
aquifer in the territory described by Section 8802.003.
(f) The district's jurisdiction over any well that is
drilled to produce water in the territory described in Section
8802.003, including a well that is used to recover water that has
been injected as part of an aquifer storage and recovery project,
applies to all wells for which the district has jurisdiction in the
shared territory described by this section.
SECTION 2. Section 8802.1045, Special District Local Laws
Code, is amended by adding Subsection (g) to read as follows:
(g) This subsection applies only to a well located in the
shared territory described by Section 8802.0035. Notwithstanding
Subsection (b), the district may not charge an annual production
fee of more than 17 cents per thousand gallons of water produced
under a permit from a well under this subsection, if the water is
permitted for any use other than agricultural use.
SECTION 3. As soon as practicable after the effective date
of this Act, and in conformance with the requirements of Section
8802.053, Special District Local Laws Code, the board of directors
of the Barton Springs-Edwards Aquifer Conservation District shall
revise the single-member districts as the board considers
appropriate to reflect the changes in territory made by Section
8802.0035, Special District Local Laws Code, as added by this Act.
SECTION 4. (a) In this section:
(1) "District" means the Barton Springs-Edwards
Aquifer Conservation District.
(2) "Maximum production capacity" means the maximum
production capacity of a well, which may be based on a 36-hour pump
test conducted at the time the well was initially constructed or
placed into service.
(b) This section applies only to the shared territory added
to the district by Section 8802.0035, Special District Local Laws
Code, as added by this Act.
(c) A person operating a well before the effective date of
this Act or who has entered into a contract before the effective
date of this Act to drill or operate a well that is or will be
located in the territory described by Subsection (b) of this
section and subject to the jurisdiction of the district under
Section 8802.0035, Special District Local Laws Code, as added by
this Act, shall file an administratively complete permit
application with the district not later than three months after the
effective date of this Act for the drilling, equipping, completion,
or operation of any well if the well requires a permit under the
rules or orders of the district. The person may file the permit
application for an amount of groundwater production not to exceed
the maximum production capacity of the well.
(d) The district shall issue a temporary permit to a person
who files an application under Subsection (c) of this section
without a hearing on the application not later than the 30th day
after the date of receipt of the application. The district shall
issue the temporary permit for the groundwater production amount
set forth in the application. The temporary permit issued under
this subsection shall provide the person with retroactive and
prospective authorization to drill, operate, or perform another
activity related to a well for which a permit is required by the
district for the period of time between the effective date of this
Act and the date that the district takes a final, appealable action
on issuance of a regular permit pursuant to the permit application
if:
(1) the person's drilling, operating, or other
activities associated with the well are consistent with the
authorization sought in the permit application;
(2) the person timely pays to the district all
administrative fees and fees related to the amount of groundwater
authorized to be produced pursuant to the temporary permit in the
same manner as other permit holders in the district; and
(3) the person complies with other rules and orders of
the district applicable to permit holders.
(e) The temporary permit issued under Subsection (d) does
not confer any rights or privileges to the permit holder other than
those set forth in this section. After issuing the temporary
permit, the district shall process the permit application for
notice, hearing, and consideration for issuance of a regular permit
consistent with this section. The district, after notice and
hearing, shall issue an order granting the regular permit
authorizing groundwater production in the amount set forth in the
temporary permit unless the district finds that authorizing
groundwater production in the amount set forth in the temporary
permit will cause:
(1) a failure to achieve the applicable adopted
desired future conditions for the aquifer; or
(2) an unreasonable impact on existing wells.
(f) In the hearing on issuance of the regular permit under
Subsection (e), the permit applicant bears the burden of proof.
(g) The holder of a temporary or regular permit subject to a
district order under this section to reduce the amount of
groundwater production from the permitted well may contest the
reduction by requesting a contested case hearing to be conducted by
the State Office of Administrative Hearings in the manner provided
by Sections 36.416, 36.4165, and 36.418, Water Code. The district
shall contract with the State Office of Administrative Hearings to
conduct the hearing as provided by those sections of the Water Code.
To the extent possible, the State Office of Administrative Hearings
shall expedite a hearing under this subsection. The permit
applicant bears the burden of proof in the hearing.
(h) For the State Office of Administrative Hearings to
recommend overturning a district order reducing the amount of
groundwater authorized to be produced under a temporary permit, the
permit holder must demonstrate by a preponderance of the evidence
that the production of the amount of groundwater authorized based
on the maximum production capacity will not cause:
(1) a failure to achieve applicable adopted desired
future conditions for the aquifer; or
(2) an unreasonable impact on existing wells as found
in the district's order.
(i) A person who relies on the temporary permit granted by
this section to drill, operate, or engage in other activities
associated with a water well assumes the risk that the district may
grant or deny, wholly or partly, the permit application when the
district takes final action after notice and hearing to issue a
regular permit pursuant to the application.
SECTION 5. If the addition of territory under Section
8802.0035, Special District Local Laws Code, as added by this Act,
causes the annual water use fee in Section 8802.105 to exceed $1
million, the district shall not require an assessment of greater
than $1 million annually as adjusted to reflect the percentage
change during the preceding year in the Consumer Price Index.
SECTION 6. (a) The legislature validates and confirms all
acts and proceedings of the board of directors of the Barton
Springs-Edwards Aquifer Conservation District that were taken
before the effective date of this Act.
(b) Subsection (a) of this section does not apply to any
matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
SECTION 7. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 8. It is the intent of the legislature that this Act
apply only to the territory described by Section 8802.0035, Special
District Local Laws Code, as added by this Act, and not have
statewide implications.
SECTION 9. 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 September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3405 was passed by the House on May 8,
2015, by the following vote: Yeas 126, Nays 15, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3405 on May 29, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3405 on May 31, 2015, by the following vote: Yeas 143,
Nays 1, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3405 was passed by the Senate, with
amendments, on May 22, 2015, by the following vote: Yeas 28, Nays
3; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3405 on May 30, 2015, by the following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor