EFFECTS OF TRANSFER.
Tex. SPEC. DIST. LOCAL LAWS Code § 8852.104.
in effect(a) In reviewing a proposed transfer of groundwater out of the district in accordance with Section 36.122 (f), Water Code, the district shall determine whether the proposed transfer would have a negative effect on:
(1) the availability of water in the district;
(2) the conditions of any aquifer that overlies the district;
(3) subsidence in the district;
(4) existing permit holders or other groundwater users in the district; and
(5) any applicable approved regional water plan or certified district management plan.
(b) If the district determines under Subsection (a) that the transfer would have a negative effect, the district may, in addition to the conditions authorized by Section 36.122 , Water Code, impose other requirements or limitations on the permit that are designed to minimize the effect.
(c) Sections 36.122 (c), (i), and (j), Water Code, do not apply to a requirement or limitation imposed under this section.
(d) The district may impose a fee or surcharge as an export fee. The restrictions under Section 36.122 (e), Water Code, do not apply to a fee or surcharge imposed under this subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456 ), Sec. 1, eff. June 19, 2009.
