Sec. 8834.209. ISSUANCE OF PERMIT. (a) Not later than the 60th day after the date of the hearing on a permit application, the board shall:
(1) decide whether to issue the permit; and
(2) prescribe the terms of the permit, if it decides to issue the permit.
(b) In deciding whether to issue a permit and in prescribing the terms of the permit, the board shall consider:
(1) the purpose of this chapter;
(2) the district plan;
(3) the quality, quantity, and availability of surface water or alternative water supplies at prices that are competitive with prices charged by suppliers of surface water in the district;
(4) the economic effect on the applicant of a decision to issue or deny the permit, or of the permit terms, in relation to the effect on subsidence that would result;
(5) the applicant's compliance with this chapter or any district rule, permit, or order; and
(6) all other relevant factors.
(c) The board shall issue a permit to an applicant if the board finds on sufficient evidence that:
(1) there is no other adequate and available substitute or supplemental source of alternative water supplies at prices competitive with the prices charged by suppliers of alternative water supplies in the district; and
(2) compliance with any provision of this chapter or any district rule will result in an arbitrary taking of property or in the practical closing and elimination of any lawful business, occupation, or activity without sufficient corresponding benefit or advantage to the public.
(d) The permit must state the terms prescribed by the board. The permit must include:
(1) the name and address of the permit holder;
(2) the location of the well;
(3) the date the permit begins and the date the permit expires;
(4) conditions and restrictions placed on groundwater withdrawal; and
(5) other terms necessary to control and prevent subsidence.
(e) The board may condition the issuance of a permit under this section on the resolution of a previous or continuing violation of this chapter or of any district rule, permit, or order. The board may require an applicant to pay a civil penalty or settlement amount, or take other necessary action, to resolve a previous or continuing violation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 200 (S.B. 1811), Sec. 12, eff. May 25, 2013.
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