Sec. 36.1132. PERMITS BASED ON MODELED AVAILABLE GROUNDWATER. (a) A district, to the extent possible, shall issue permits up to the point that the total volume of exempt and permitted groundwater production will achieve an applicable desired future condition under Section 36.108.
(b) In issuing permits, the district shall manage total groundwater production on a long-term basis to achieve an applicable desired future condition and consider:
(1) the modeled available groundwater determined by the executive administrator;
(2) the executive administrator's estimate of the current and projected amount of groundwater produced under exemptions granted by district rules and Section 36.117;
(3) the amount of groundwater authorized under permits previously issued by the district;
(4) a reasonable estimate of the amount of groundwater that is actually produced under permits issued by the district; and
(5) yearly precipitation and production patterns.
(c) In developing the estimate of exempt use under Subsection (b)(2), the executive administrator shall solicit information from each applicable district.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 11, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 18 (S.B. 737), Sec. 4, eff. September 1, 2011.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle E - Groundwater Management
Chapter 36 - Groundwater Conservation Districts
Subchapter D. Powers and Duties
Section 36.101. Rulemaking Power
Section 36.1011. Emergency Rules
Section 36.1015. Rules for Permits in Brackish Groundwater Production Zones
Section 36.102. Enforcement of Rules
Section 36.103. Improvements and Facilities
Section 36.104. Purchase, Sale, Transportation, and Distribution of Water
Section 36.105. Eminent Domain
Section 36.1071. Management Plan
Section 36.1072. Texas Water Development Board Review and Approval of Management Plan
Section 36.1073. Amendment to Management Plan
Section 36.108. Joint Planning in Management Area
Section 36.1081. Technical Staff and Subcommittees for Joint Planning
Section 36.1083. Appeal of Desired Future Conditions
Section 36.10835. Judicial Appeal of Desired Future Conditions
Section 36.1084. Modeled Available Groundwater
Section 36.1085. Management Plan Goals and Objectives
Section 36.1086. Joint Efforts by Districts in a Management Area
Section 36.109. Collection of Information
Section 36.110. Publication of Plans and Information
Section 36.111. Records and Reports
Section 36.112. Drillers' Logs
Section 36.113. Permits for Wells; Permit Amendments
Section 36.1131. Elements of Permit
Section 36.1132. Permits Based on Modeled Available Groundwater
Section 36.114. Permit; Permit Amendment; Application and Hearing
Section 36.1145. Operating Permit Renewal
Section 36.1146. Change in Operating Permits
Section 36.115. Drilling or Altering Well Without Permit
Section 36.116. Regulation of Spacing and Production
Section 36.117. Exemptions; Exception; Limitations
Section 36.118. Open or Uncovered Wells
Section 36.119. Illegal Drilling and Operation of Well; Citizen Suit
Section 36.121. Limitation on Rulemaking Power of Districts Over Wells in Certain Counties
Section 36.122. Transfer of Groundwater Out of District