82R969 PMO-F
By: Larson H.B. No. 1547
A BILL TO BE ENTITLED
AN ACT
relating to the desired future conditions of groundwater resources
within groundwater management areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.001, Water Code, is amended by adding
Subdivision (30) to read as follows:
(30) "Desired future condition" means a quantitative
description of the desired condition of the groundwater resources
in a groundwater management area at a specified time in the future.
SECTION 2. Section 36.1071(e), Water Code, is amended to
read as follows:
(e) In the management plan described under Subsection (a),
the district shall:
(1) identify the performance standards and management
objectives under which the district will operate to achieve the
management goals identified under Subsection (a);
(2) specify, in as much detail as possible, the
actions, procedures, performance, and avoidance that are or may be
necessary to effect the plan, including specifications and proposed
rules;
(3) include estimates of the following:
(A) the amount of [managed] available
groundwater in the district based on information described by
Subsection (h) and on the desired future condition established
under Section 36.108;
(B) the amount of groundwater being used within
the district on an annual basis;
(C) the annual amount of recharge from
precipitation, if any, to the groundwater resources within the
district;
(D) for each aquifer, the annual volume of water
that discharges from the aquifer to springs and any surface water
bodies, including lakes, streams, and rivers;
(E) the annual volume of flow into and out of the
district within each aquifer and between aquifers in the district,
if a groundwater availability model is available;
(F) the projected surface water supply in the
district according to the most recently adopted state water plan;
and
(G) the projected total demand for water in the
district according to the most recently adopted state water plan;
and
(4) consider the water supply needs and water
management strategies included in the adopted state water plan.
SECTION 3. Section 36.108, Water Code, is amended by
amending Subsections (d), (d-1), and (d-2) and adding Subsections
(d-3), (d-4), (d-5), and (d-6) to read as follows:
(d) Not later than September 1, 2010, and every five years
thereafter, the districts shall consider groundwater availability
models and other data or information for the management area and
shall establish desired future conditions for the relevant aquifers
within the management area. The desired future conditions
established under this section must be for a period consistent with
the planning cycles established under Section 16.051. In
establishing the desired future conditions of the aquifers under
this section, the districts shall consider [uses or conditions of
an aquifer within the management area that differ substantially
from one geographic area to another. The districts may establish
different desired future conditions for]:
(1) aquifer uses or conditions within the management
area, including uses or conditions that differ substantially from
one geographic area to another;
(2) the water supply needs and water management
strategies included in the state water plan;
(3) the feasibility of the desired future conditions;
(4) socioeconomic impacts reasonably expected;
(5) environmental impacts, including spring flow and
other interactions between groundwater and surface water;
(6) the impact on the interests and rights in private
property, including ownership and rights of the owners of the land
and their lessees and assigns in groundwater as recognized under
Section 36.002;
(7) the hydrogeological conditions, including the
average annual recharge, inflows, and discharge and the total
calculated volume of groundwater that aquifers in the management
area are capable of producing as provided by the executive
administrator;
(8) the impact on subsidence; and
(9) any other information relevant to the specific
desired future condition.
(d-1) The districts shall provide a written explanation of
their determination of each consideration under Subsection (d).
(d-2) The desired future conditions established under this
section must provide a balance between:
(1) the highest practicable level of groundwater
production; and
(2) the conservation, preservation, protection,
recharging, and prevention of waste of groundwater and control of
subsidence in the groundwater management area.
(d-3) Subsection (d-2) may not be construed to prohibit the
establishment of desired future conditions that provide for
reasonable long-term management of groundwater resources
consistent with the management goals under Section 36.1071(a).
(d-4) The districts may establish different desired future
conditions for:
(1) each aquifer, subdivision of an aquifer, or
geologic strata located in whole or in part within the boundaries of
the management area; or
(2) each geographic area overlying an aquifer in whole
or in part or subdivision of an aquifer within the boundaries of the
management area.
(d-5) [(d-1)] The desired future conditions established
under Subsection (d) must be adopted by a two-thirds vote of the
district representatives present at a meeting:
(1) at which at least two-thirds of the districts
located in whole or in part in the management area have a voting
representative in attendance; and
(2) for which all districts located in whole or in part
in the management area provide public notice in accordance with
Chapter 551, Government Code.
(d-6) [(d-2)] Each district in the management area shall
ensure that its management plan contains goals and objectives
consistent with achieving the desired future conditions of the
relevant aquifers as adopted during the joint planning process.
SECTION 4. 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, 2011.