31 Tex. Admin. Code § 13.30 - Statement of Policy

(a) This subchapter applies to applications to lease public lands dedicated to the permanent school fund for the purpose of exploring for or developing groundwater resources located on or under such lands.

(b) The provisions of this subchapter are intended to assure that the groundwater resources of permanent school fund lands are developed and produced in a manner that maximizes their potential while recognizing and taking into account the public interest, sound water use and conservation practices, and impacts on existing uses.

(c) Projects undertaken by a lessee to develop groundwater resources on permanent school fund lands will be subject to applicable local, state, and federal law as well as any applicable rules of groundwater conservation district(s) in which the lands may be located. For land not located in a groundwater conservation district, the commissioner may require development consistent with the rules of any groundwater conservation district with jurisdiction over an aquifer that is likely to be affected by the project. Such projects may not export groundwater produced from state-owned land to a foreign country.

(d) Lessees will be authorized to develop groundwater resources on permanent school fund lands only when sufficient scientific data and technical information is available for an informed determination that the groundwater resource can be produced in a manner that will support an economically viable market with a sustained yield that does not significantly affect current uses of adjoining users of water from the same source in an adverse manner.

(e) The commissioner shall submit proposed leases of permanent school fund lands that include authorization for the commercial development of groundwater resources to the School Land Board for review and comment prior to final approval and execution of any such leases. Additionally, any regional water planning group and/or groundwater conservation district in which lands proposed for such leases are located shall be notified prior to final approval and execution of any such leases.

Notes

31 Tex. Admin. Code § 13.30

The provisions of this §13.30 adopted to be effective April 23, 2006, 31 TexReg 3264