Texas 2009 - 81st Regular

Texas Senate Bill SB2119 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5503 HLT-D
2	2	By: Seliger S.B. No. 2119
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to desired future condition requirements for certain
8	8	groundwater conservation districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 36.108(d), Water Code, is amended to
11	11	read as follows:
12	12	(d) Not later than September 1, 2010, and every five years
13	13	thereafter, the districts shall consider groundwater availability
14	14	models and other data or information for the management area and
15	15	shall establish desired future conditions for the relevant aquifers
16	16	within the management area. In establishing the desired future
17	17	conditions of the aquifers under this section, the districts shall
18	18	consider uses or conditions of an aquifer within the management
19	19	area that differ substantially from one geographic area to another.
20	20	Except as provided by Section 36.1085, the [The] districts may
21	21	establish different desired future conditions for:
22	22	(1) each aquifer, subdivision of an aquifer, or
23	23	geologic strata located in whole or in part within the boundaries of
24	24	the management area; or
25	25	(2) each geographic area overlying an aquifer in whole
26	26	or in part or subdivision of an aquifer within the boundaries of the
27	27	management area.
28	28	SECTION 2. Subchapter D, Chapter 36, Water Code, is amended
29	29	by adding Section 36.1085 to read as follows:
30	30	Sec. 36.1085. DESIRED FUTURE CONDITION REQUIREMENTS FOR
31	31	CERTAIN DISTRICTS. (a) This section applies only to a district
32	32	that:
33	33	(1) is subject to Section 36.108; and
34	34	(2) overlies any part of an aquifer for which the
35	35	Internal Revenue Service has allowed cost depletion when a taxpayer
36	36	can demonstrate that:
37	37	(A) the groundwater is being depleted; and
38	38	(B) the rate of recharge is so low that, once
39	39	extracted, the groundwater would be lost to the taxpayer and
40	40	immediately succeeding generations.
41	41	(b) A district whose territory includes land in more than
42	42	one county:
43	43	(1) shall ensure that each geographic area in the
44	44	district delineated by county lines independently achieves the
45	45	desired future condition applicable to that part of the aquifer
46	46	under the jurisdiction of the district; and
47	47	(2) may not achieve or claim compliance with a single
48	48	desired future condition for part of an aquifer that applies to
49	49	multiple counties or parts of counties in the district by averaging
50	50	different desired future conditions across those counties or parts
51	51	of counties.
52	52	(c) A district whose boundaries are coextensive with the
53	53	boundaries of a county shall achieve independently of districts in
54	54	other counties the desired future condition applicable to that part
55	55	of the aquifer under the jurisdiction of the district.
56	56	(d) If two or more districts in the same county are subject
57	57	to the same desired future condition, each district shall achieve
58	58	independently of the other district in that county the desired
59	59	future condition applicable to that part of the aquifer under the
60	60	jurisdiction of the district.
61	61	SECTION 3. Section 36.1085, Water Code, as added by this
62	62	Act, applies only to a district subject to a desired future
63	63	condition established under Section 36.108, Water Code, as amended
64	64	by this Act, on or after the effective date of this Act. A district
65	65	subject to a desired future condition established under Section
66	66	36.108, Water Code, before the effective date of this Act is
67	67	governed by the law in effect on the date the desired future
68	68	condition was established, and that law is continued in effect
69	69	until the desired future condition is next established under
70	70	Section 36.108, Water Code, as amended by this Act.
71	71	SECTION 4. This Act takes effect September 1, 2009.