| 1 | 1 | | 81R5015 PMO-D |
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| 2 | 2 | | By: Corte H.B. No. 3494 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of desired future conditions of |
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| 8 | 8 | | groundwater resources and revision of those conditions by the Texas |
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| 9 | 9 | | Water Development Board. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 36.108(d) and (m), Water Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (d) Not later than September 1, 2010, [and every five years |
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| 14 | 14 | | thereafter,] the districts shall consider groundwater availability |
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| 15 | 15 | | models and other data or information for the management area and |
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| 16 | 16 | | shall establish desired future conditions for the relevant aquifers |
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| 17 | 17 | | within the management area. After January 1, 2012, and not later |
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| 18 | 18 | | than November 1, 2012, and every five years thereafter, the |
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| 19 | 19 | | districts shall as necessary revise the desired future conditions |
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| 20 | 20 | | using current groundwater availability models and other relevant |
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| 21 | 21 | | data or information. In establishing the desired future |
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| 22 | 22 | | conditions of the aquifers under this section, the districts shall |
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| 23 | 23 | | consider uses or conditions of an aquifer within the management |
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| 24 | 24 | | area that differ substantially from one geographic area to another. |
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| 25 | 25 | | The districts may establish different desired future conditions |
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| 26 | 26 | | for: |
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| 27 | 27 | | (1) each aquifer, subdivision of an aquifer, or |
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| 28 | 28 | | geologic strata located in whole or in part within the boundaries of |
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| 29 | 29 | | the management area; or |
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| 30 | 30 | | (2) each geographic area overlying an aquifer in whole |
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| 31 | 31 | | or in part or subdivision of an aquifer within the boundaries of the |
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| 32 | 32 | | management area. |
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| 33 | 33 | | (m) The development board shall review the petition and any |
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| 34 | 34 | | evidence relevant to the petition. The development board shall |
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| 35 | 35 | | hold at least one hearing at a central location in the management |
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| 36 | 36 | | area to take testimony on the petition. The development board may |
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| 37 | 37 | | delegate responsibility for a hearing to the executive |
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| 38 | 38 | | administrator or to a person designated by the executive |
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| 39 | 39 | | administrator. If the development board finds that the conditions |
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| 40 | 40 | | require revision, the development board shall revise [submit a |
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| 41 | 41 | | report to the districts that includes a list of findings and |
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| 42 | 42 | | recommended revisions to] the desired future conditions of the |
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| 43 | 43 | | groundwater resources. The development board's revision of the |
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| 44 | 44 | | desired future conditions is final and nonappealable. The |
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| 45 | 45 | | development board shall transmit the board's revision to the |
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| 46 | 46 | | districts not later than 30 days after completing the revision. |
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| 47 | 47 | | SECTION 2. Section 36.108(n), Water Code, is repealed. |
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| 48 | 48 | | SECTION 3. The change in law made by this Act applies only |
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| 49 | 49 | | to a petition filed under Section 36.108(l), Water Code, on or after |
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| 50 | 50 | | September 1, 2009. A petition filed before September 1, 2009, is |
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| 51 | 51 | | governed by the law in effect on the date the petition was filed, |
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| 52 | 52 | | and that law is continued in effect for that purpose. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2009. |
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