AI-assisted research summary: The board may charge annual production fees only up to specified caps, and it may adopt a differential rate structure for nonagricultural fees.
Sec. 8802.1045. AMOUNT OF ANNUAL PRODUCTION FEE. (a) Except as provided by this section, the board may not charge an annual production fee of more than $1 per acre-foot for water permitted for agricultural use or 17 cents per thousand gallons for water permitted for any other purpose. (b) For a permit first issued after September 1, 2007, or a permit first issued after September 9, 2004, and renewed after September 1, 2007, the board may charge, for the amount of water permitted under the permit as issued or renewed if the water is permitted for any purpose other than agricultural use, an annual production fee of not more than the greater of: (1) 38 cents per thousand gallons; or (2) the raw surface water cost of other wholesale suppliers serving customers in the district. (c) For a permit that is materially amended after September 1, 2007, the board may charge, for only the additional amount of water authorized by the material amendment if the water is permitted for any purpose other than agricultural use, an annual production fee of not more than the greater of: (1) 38 cents per thousand gallons; or (2) the raw surface water cost of other wholesale suppliers serving customers in the district. (d) For a permit first issued on or before September 9, 2004, that is renewed without material amendment after September 1, 2007, the board may not charge an annual production fee of more than 17 cents per thousand gallons for the amount of water permitted under the permit as renewed if the water is permitted for any purpose other than agricultural use. (e) The board may adopt a differential rate structure for the nonagricultural production fees described by this section to promote alternatives to the exclusive use of groundwater resources. (f) A material amendment under this section is an amendment to a permit that increases the amount of water permitted by more than 10 percent in one fiscal year or by more than 25 percent in any three-year period. The renewal on or after September 1, 2007, of a permit that was issued on or before September 9, 2004, is considered to be a material amendment for purposes of this section if the permit as renewed increases the amount of water permitted by an amount that exceeds the limits specified by this subsection. (g) This subsection applies only to a well located in the shared territory described by Section 8802.0035. Notwithstanding Subsection (b), before September 1, 2023, the district may not charge an annual production fee of more than 17 cents per thousand gallons of water authorized to be produced under a permit from a well under this subsection, if the water is permitted for any use other than agricultural use. The district may increase the annual production fee under this subsection by not more than 10 cents per thousand gallons per year beginning on September 1, 2023, for water permitted for nonagricultural purposes, until the annual production fee is equal to the maximum amount set forth in Subsection (b). Added by Acts 2007, 80th Leg., R.S., Ch. 1405 (S.B. 747), Sec. 2, eff. September 1, 2007. Amended by: Acts 2015, 84th Leg., R.S., Ch. 975 (H.B. 3405), Sec. 2, eff. June 19, 2015. Acts 2023, 88th Leg., R.S., Ch. 926 (S.B. 1745), Sec. 1, eff. June 18, 2023.