By: Ogden S.B. No. 1238
(In the Senate - Filed March 2, 2009; March 17, 2009, read
first time and referred to Committee on Natural Resources;
March 31, 2009, reported favorably by the following vote: Yeas 10,
Nays 1; March 31, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to a study regarding the Carrizo-Wilcox aquifer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In this Act, "commission" means the
Texas Commission on Environmental Quality.
SECTION 2. STUDY. (a) The commission shall conduct a
study regarding the impact on the entire Carrizo-Wilcox aquifer of
rules and plans adopted by groundwater conservation districts in
whose boundaries the aquifer is located and of determinations made
by groundwater conservation districts in connection with the joint
planning process relating to groundwater management areas in whose
boundaries the aquifer is located. In conducting the study, the
commission shall examine:
(1) whether the rules and plans adopted by each
groundwater conservation district:
(A) are based on sound scientific principles;
(B) adequately conserve and protect the aquifer
and ensure the achievement of the applicable desired future
condition for each part of the district; and
(C) are likely to affect other groundwater
conservation districts or groundwater management areas;
(2) whether each district is enforcing substantial
compliance with its rules;
(3) whether the desired future conditions established
under Section 36.108, Water Code, in each groundwater management
area are reasonable and based on sound scientific principles, and
whether the rules adopted by each district are designed to achieve
the applicable desired future condition;
(4) other long-term impacts of the applicable rules
and plans on the aquifer, taking into consideration:
(A) projected population and agricultural,
municipal, and industrial demands for water from the aquifer;
(B) the effect of the demands described by
Paragraph (A) of this subdivision on the viability of the aquifer;
(C) the social and economic consequences of any
probable long-term impact on the aquifer; and
(D) other appropriate factors as determined by
commission rule; and
(5) whether the presence of contaminants in the
recharge area of the aquifer and the potential pollution of the
aquifer are issues that should be addressed and, if so, by whom.
(b) The Texas Water Development Board and the Bureau of
Economic Geology of The University of Texas at Austin shall assist
the commission in conducting the study under this section.
(c) The commission may contract with any appropriate person
to assist the commission in conducting the study under this
section.
SECTION 3. REPORT. Not later than December 31, 2012, the
commission shall report the results of the study conducted under
this Act to the governor, the lieutenant governor, the speaker of
the house of representatives, and the standing committees in the
senate and the house of representatives that have primary
jurisdiction over natural resources. The report may include the
commission's recommendations for legislation to address any areas
of concern.
SECTION 4. EXPIRATION. This Act expires August 31, 2013.
SECTION 5. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2009.
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