Bill Text: TX HB3675 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the regulation of commercial development of groundwater in certain areas.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-19 - Referred to Natural Resources [HB3675 Detail]

Download: Texas-2015-HB3675-Introduced.html
 
 
  By: Guillen H.B. No. 3675
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of commercial development of groundwater
  in certain areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 35, Water Code, is amended by adding
  Section 35.021 to read as follows:
         Sec. 35.021.  COMMERCIAL DEVELOPMENT OF GROUNDWATER IN
  CERTAIN ZONES. (a) In this section, "buffer zone" means an area
  that extends twelve miles from the boundaries of an aquifer
  encompassed by a groundwater conservation district that comprises
  of four counties, is located not greater than one hundred miles from
  the Gulf Coast, is located not greater than one hundred miles from
  the Texas-Mexico international border, and is adjacent to a county
  whose population is greater than 1.6 million.
         (b)  Notwithstanding an exemption from permitting that might
  apply under the rules of a groundwater conservation district under
  Section 36.117, a person who seeks to drill or operate a well
  located in a buffer zone to produce groundwater for commercial
  purposes must submit an application for approval to drill and
  operate the well to the nearest geographically situated groundwater
  conservation district in which the aquifer is located.
         (c)  The groundwater conservation district shall schedule,
  post notice for, and conduct a public hearing for comments before
  making a decision to approve or deny an application received under
  Subsection (b).
         (d)  An application under this section must include the
  likely effects of the well's proposed production amounts over the
  25-year period that would begin on the expected date of first
  production from the well including: 
               (1)  potential adverse effects on the desired future
  condition adopted by a groundwater conservation district for the
  relevant aquifer under Section 36.108; 
               (2)  population growth predicted for the surrounding
  area;
               (3)  shortages of surface water or groundwater
  resulting from a long-term drought;
               (4)  potential land subsidence;
               (5)  possible contamination of groundwater supplies;
  and
               (6)  other issues groundwater conservation district
  considers relevant.
         (e)  A well may be drilled and operated under this section
  only if the application is approved by the applicable groundwater
  conservation district, unless the well is exempt from permitting
  under the district's rules.
         SECTION 2.  This Act applies only to a groundwater well for
  which the drilling is begun on or after the effective date of this
  Act. A well for which the drilling is begun before the effective
  date of this Act is governed by the law in effect on the date the
  drilling was begun, and that law is continued in effect for that
  purpose.
         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 September 1, 2015.
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