LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 30, 2009 TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1714 by Hegar (Relating to evidence of beneficial use and other matters in connection with the issuance of permits by a groundwater conservation district in accordance with its management plan.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would clarify the definition of beneficial use and provide evidential standards. The bill would require a groundwater conservation district (GCD) management plan consider and address the state water plan groundwater strategies that project reliance on groundwater resources in the GCD. The bill would clarify that a regional water planning group with an adopted state water plan groundwater strategy may petition the Texas Water Development Board (TWDB) for a resolution of conflict between a GCD management plan and a regional water plan, and clarify that a regional water planning group can petition the Texas Commission on Environmental Quality (TCEQ) to request an inquiry into the joint planning process or the results of the process. The bill would prohibit a GCD from granting a permit unless the applicant provides evidence of beneficial use. The bill would also prohibit a GCD from granting a transfer permit for municipal use unless the use is established by a contractual obligation based on a demonstrated need for water by an end user. Passage of the bill is not expected to result in significant costs for the TWDB or TCEQ. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:580 Water Development Board, 582 Commission on Environmental Quality LBB Staff: JOB, SZ, TL LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 30, 2009 TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1714 by Hegar (Relating to evidence of beneficial use and other matters in connection with the issuance of permits by a groundwater conservation district in accordance with its management plan.), Committee Report 1st House, Substituted TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB1714 by Hegar (Relating to evidence of beneficial use and other matters in connection with the issuance of permits by a groundwater conservation district in accordance with its management plan.), Committee Report 1st House, Substituted Honorable Kip Averitt, Chair, Senate Committee on Natural Resources Honorable Kip Averitt, Chair, Senate Committee on Natural Resources John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB1714 by Hegar (Relating to evidence of beneficial use and other matters in connection with the issuance of permits by a groundwater conservation district in accordance with its management plan.), Committee Report 1st House, Substituted SB1714 by Hegar (Relating to evidence of beneficial use and other matters in connection with the issuance of permits by a groundwater conservation district in accordance with its management plan.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would clarify the definition of beneficial use and provide evidential standards. The bill would require a groundwater conservation district (GCD) management plan consider and address the state water plan groundwater strategies that project reliance on groundwater resources in the GCD. The bill would clarify that a regional water planning group with an adopted state water plan groundwater strategy may petition the Texas Water Development Board (TWDB) for a resolution of conflict between a GCD management plan and a regional water plan, and clarify that a regional water planning group can petition the Texas Commission on Environmental Quality (TCEQ) to request an inquiry into the joint planning process or the results of the process. The bill would prohibit a GCD from granting a permit unless the applicant provides evidence of beneficial use. The bill would also prohibit a GCD from granting a transfer permit for municipal use unless the use is established by a contractual obligation based on a demonstrated need for water by an end user. Passage of the bill is not expected to result in significant costs for the TWDB or TCEQ. The bill would clarify the definition of beneficial use and provide evidential standards. The bill would require a groundwater conservation district (GCD) management plan consider and address the state water plan groundwater strategies that project reliance on groundwater resources in the GCD. The bill would clarify that a regional water planning group with an adopted state water plan groundwater strategy may petition the Texas Water Development Board (TWDB) for a resolution of conflict between a GCD management plan and a regional water plan, and clarify that a regional water planning group can petition the Texas Commission on Environmental Quality (TCEQ) to request an inquiry into the joint planning process or the results of the process. The bill would prohibit a GCD from granting a permit unless the applicant provides evidence of beneficial use. The bill would also prohibit a GCD from granting a transfer permit for municipal use unless the use is established by a contractual obligation based on a demonstrated need for water by an end user. Passage of the bill is not expected to result in significant costs for the TWDB or TCEQ. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 580 Water Development Board, 582 Commission on Environmental Quality 580 Water Development Board, 582 Commission on Environmental Quality LBB Staff: JOB, SZ, TL JOB, SZ, TL