Texas Water Code
§ 36.122 — TRANSFER OF GROUNDWATER OUT OF DISTRICT
WA § 36.122Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. D. POWERS AND DUTIES
Statute text
View on source(a)If an application for a permit or an amendment to a permit under Section 36.113 proposes the transfer of groundwater outside of a district's boundaries, the district may also consider the provisions of this section in determining whether to grant or deny the permit or permit amendment.
(b)A district may promulgate rules requiring a person to obtain a permit or an amendment to a permit under Section 36.113 from the district for the transfer of groundwater out of the 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.
(c)Except as provided in Section 36.113(e), the district may not impose more restrictive permit conditions on transporters than the district imposes on existing in-district users.
(d)The district may impose a reasonable fee for processing an application under this section. The fee may not exceed fees that the district imposes for processing other applications under Section 36.113. An application filed to comply with this section shall be considered and processed under the same procedures as other applications for permits under Section 36.113 and shall be combined with applications filed to obtain a permit for in-district water use under Section 36.113 from the same applicant.
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 17 (S.B. 727), Sec. 6, eff. April 29, 2011. Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 8, eff. June 10, 2015. Acts 2019, 86th Leg., R.S., Ch. 96 (H.B. 1066), Sec. 1, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 773 (H.B. 3059), Sec. 1, eff. September 1, 2023.