Texas 2011 - 82nd Regular

Texas House Bill HB1547 Compare Versions

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1	1	82R14505 PMO-D
2	2	By: Larson H.B. No. 1547
3	3	Substitute the following for H.B. No. 1547:
4	4	By: Lucio III C.S.H.B. No. 1547
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the desired future conditions of groundwater resources
10	10	within groundwater management areas.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 16.053(e), Water Code, is amended to
13	13	read as follows:
14	14	(e) Each regional water planning group shall submit to the
15	15	development board a regional water plan that:
16	16	(1) is consistent with the guidance principles for the
17	17	state water plan adopted by the development board under Section
18	18	16.051(d);
19	19	(2) provides information based on data provided or
20	20	approved by the development board in a format consistent with the
21	21	guidelines provided by the development board under Subsection (d);
22	22	(3) identifies:
23	23	(A) each source of water supply in the regional
24	24	water planning area, including information supplied by the
25	25	executive administrator on the amount of modeled [managed]
26	26	available groundwater in accordance with the guidelines provided by
27	27	the development board under Subsections (d) and (f);
28	28	(B) factors specific to each source of water
29	29	supply to be considered in determining whether to initiate a
30	30	drought response;
31	31	(C) actions to be taken as part of the response;
32	32	and
33	33	(D) existing major water infrastructure
34	34	facilities that may be used for interconnections in the event of an
35	35	emergency shortage of water;
36	36	(4) has specific provisions for water management
37	37	strategies to be used during a drought of record;
38	38	(5) includes but is not limited to consideration of
39	39	the following:
40	40	(A) any existing water or drought planning
41	41	efforts addressing all or a portion of the region;
42	42	(B) approved groundwater conservation district
43	43	management plans and other plans submitted under Section 16.054;
44	44	(C) all potentially feasible water management
45	45	strategies, including but not limited to improved conservation,
46	46	reuse, and management of existing water supplies, conjunctive use,
47	47	acquisition of available existing water supplies, and development
48	48	of new water supplies;
49	49	(D) protection of existing water rights in the
50	50	region;
51	51	(E) opportunities for and the benefits of
52	52	developing regional water supply facilities or providing regional
53	53	management of water supply facilities;
54	54	(F) appropriate provision for environmental
55	55	water needs and for the effect of upstream development on the bays,
56	56	estuaries, and arms of the Gulf of Mexico and the effect of plans on
57	57	navigation;
58	58	(G) provisions in Section 11.085(k)(1) if
59	59	interbasin transfers are contemplated;
60	60	(H) voluntary transfer of water within the region
61	61	using, but not limited to, regional water banks, sales, leases,
62	62	options, subordination agreements, and financing agreements; and
63	63	(I) emergency transfer of water under Section
64	64	11.139, including information on the part of each permit, certified
65	65	filing, or certificate of adjudication for nonmunicipal use in the
66	66	region that may be transferred without causing unreasonable damage
67	67	to the property of the nonmunicipal water rights holder;
68	68	(6) identifies river and stream segments of unique
69	69	ecological value and sites of unique value for the construction of
70	70	reservoirs that the regional water planning group recommends for
71	71	protection under Section 16.051;
72	72	(7) assesses the impact of the plan on unique river and
73	73	stream segments identified in Subdivision (6) if the regional water
74	74	planning group or the legislature determines that a site of unique
75	75	ecological value exists; and
76	76	(8) describes the impact of proposed water projects on
77	77	water quality.
78	78	SECTION 2. Section 36.001, Water Code, is amended by
79	79	amending Subdivisions (24) and (25) and adding Subdivision (30) to
80	80	read as follows:
81	81	(24) "Total estimated recoverable [aquifer] storage"
82	82	means the total calculated volume of groundwater that an aquifer is
83	83	capable of producing.
84	84	(25) "Modeled [Managed] available groundwater" means
85	85	the amount of water that the executive administrator determines may
86	86	be produced on an average annual basis to achieve a [permitted by a
87	87	district for beneficial use in accordance with the] desired future
88	88	condition established [of the aquifer as determined] under Section
89	89	36.108.
90	90	(30) "Desired future condition" means a quantitative
91	91	description of the desired condition of the groundwater resources
92	92	in a groundwater management area at a specified time in the future.
93	93	SECTION 3. Section 36.1071(e), Water Code, is amended to
94	94	read as follows:
95	95	(e) In the management plan described under Subsection (a),
96	96	the district shall:
97	97	(1) identify the performance standards and management
98	98	objectives under which the district will operate to achieve the
99	99	management goals identified under Subsection (a);
100	100	(2) specify, in as much detail as possible, the
101	101	actions, procedures, performance, and avoidance that are or may be
102	102	necessary to effect the plan, including specifications and proposed
103	103	rules;
104	104	(3) include estimates of the following:
105	105	(A) the amount of modeled [managed] available
106	106	groundwater in the district based on information described by
107	107	Subsection (h) and on the desired future condition established
108	108	under Section 36.108;
109	109	(B) the amount of groundwater being used within
110	110	the district on an annual basis;
111	111	(C) the annual amount of recharge from
112	112	precipitation, if any, to the groundwater resources within the
113	113	district;
114	114	(D) for each aquifer, the annual volume of water
115	115	that discharges from the aquifer to springs and any surface water
116	116	bodies, including lakes, streams, and rivers;
117	117	(E) the annual volume of flow into and out of the
118	118	district within each aquifer and between aquifers in the district,
119	119	if a groundwater availability model is available;
120	120	(F) the projected surface water supply in the
121	121	district according to the most recently adopted state water plan;
122	122	and
123	123	(G) the projected total demand for water in the
124	124	district according to the most recently adopted state water plan;
125	125	and
126	126	(4) consider the water supply needs and water
127	127	management strategies included in the adopted state water plan.
128	128	SECTION 4. Section 36.108, Water Code, is amended by
129	129	amending Subsections (d), (d-1), (d-2), and (o) and adding
130	130	Subsections (d-3), (d-4), (d-5), and (d-6) to read as follows:
131	131	(d) Not later than September 1, 2010, and every five years
132	132	thereafter, the districts shall consider groundwater availability
133	133	models and other data or information for the management area and
134	134	shall establish desired future conditions for the relevant aquifers
135	135	within the management area. The desired future conditions
136	136	established under this section must be for a period consistent with
137	137	the planning cycles established under Section 16.051. In
138	138	establishing the desired future conditions of the aquifers under
139	139	this section, the districts shall consider [uses or conditions of
140	140	an aquifer within the management area that differ substantially
141	141	from one geographic area to another. The districts may establish
142	142	different desired future conditions for]:
143	143	(1) aquifer uses or conditions within the management
144	144	area, including uses or conditions that differ substantially from
145	145	one geographic area to another;
146	146	(2) the water supply needs and water management
147	147	strategies included in the state water plan;
148	148	(3) whether the desired future conditions are
149	149	physically possible;
150	150	(4) socioeconomic impacts reasonably expected;
151	151	(5) environmental impacts, including spring flow and
152	152	other interactions between groundwater and surface water;
153	153	(6) the impact on the interests and rights in private
154	154	property, including ownership and rights of the owners of the land
155	155	and their lessees and assigns in groundwater as recognized under
156	156	Section 36.002;
157	157	(7) the hydrogeological conditions, including the
158	158	total estimated recoverable storage reported by the executive
159	159	administrator, recharge, inflows, and discharge;
160	160	(8) the impact on subsidence; and
161	161	(9) any other information relevant to the specific
162	162	desired future condition.
163	163	(d-1) The districts shall provide a written explanation of
164	164	their determination of each consideration under Subsection (d).
165	165	(d-2) The desired future conditions established under this
166	166	section must provide a balance between:
167	167	(1) the highest practicable level of groundwater
168	168	production; and
169	169	(2) the conservation, preservation, protection,
170	170	recharging, and prevention of waste of groundwater and control of
171	171	subsidence in the groundwater management area.
172	172	(d-3) Subsection (d-2) may not be construed to prohibit the
173	173	establishment of desired future conditions that provide for
174	174	reasonable long-term management of groundwater resources
175	175	consistent with the management goals under Section 36.1071(a).
176	176	(d-4) The districts may establish different desired future
177	177	conditions for:
178	178	(1) each aquifer, subdivision of an aquifer, or
179	179	geologic strata located in whole or in part within the boundaries of
180	180	the management area; or
181	181	(2) each geographic area overlying an aquifer in whole
182	182	or in part or subdivision of an aquifer within the boundaries of the
183	183	management area.
184	184	(d-5) [(d-1)] The desired future conditions established
185	185	under Subsection (d) must be adopted by a two-thirds vote of the
186	186	district representatives present at a meeting:
187	187	(1) at which at least two-thirds of the districts
188	188	located in whole or in part in the management area have a voting
189	189	representative in attendance; and
190	190	(2) for which all districts located in whole or in part
191	191	in the management area provide public notice in accordance with
192	192	Chapter 551, Government Code.
193	193	(d-6) [(d-2)] Each district in the management area shall
194	194	ensure that its management plan contains goals and objectives
195	195	consistent with achieving the desired future conditions of the
196	196	relevant aquifers as adopted during the joint planning process.
197	197	(o) The districts shall submit the conditions established
198	198	under this section to the executive administrator. The executive
199	199	administrator shall provide each district and regional water
200	200	planning group located wholly or partly in the management area with
201	201	the modeled [managed] available groundwater in the management area
202	202	based upon the desired future condition of the groundwater
203	203	resources established under this section.
204	204	SECTION 5. Section 36.1132, Water Code, is amended to read
205	205	as follows:
206	206	Sec. 36.1132. PERMITS BASED ON MODELED [MANAGED] AVAILABLE
207	207	GROUNDWATER. A district, to the extent possible, shall issue
208	208	permits up to the point that the total volume of groundwater
209	209	permitted equals the modeled [managed] available groundwater, if
210	210	administratively complete permit applications are submitted to the
211	211	district.
212	212	SECTION 6. This Act takes effect immediately if it receives
213	213	a vote of two-thirds of all the members elected to each house, as
214	214	provided by Section 39, Article III, Texas Constitution. If this
215	215	Act does not receive the vote necessary for immediate effect, this
216	216	Act takes effect September 1, 2011.