Texas § 8852.104 EFFECTS OF TRANSFER.

Texas Statutes

§ 8852.104 — EFFECTS OF TRANSFER.

Texas § 8852.104

Code SDSpecial District Local Laws Code

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Tex. Special District Local Laws Code Code Ann. § 8852.104 (2026).

Text

Sec. 8852.104. EFFECTS OF TRANSFER.

(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

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Sec. 8852.104. EFFECTS OF TRANSFER. (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.