82R14505 PMO-D
By: Larson H.B. No. 1547
Substitute the following for H.B. No. 1547:
By: Lucio III C.S.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 16.053(e), Water Code, is amended to
read as follows:
(e) Each regional water planning group shall submit to the
development board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the development board under Section
16.051(d);
(2) provides information based on data provided or
approved by the development board in a format consistent with the
guidelines provided by the development board under Subsection (d);
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
executive administrator on the amount of modeled [managed]
available groundwater in accordance with the guidelines provided by
the development board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response;
(C) actions to be taken as part of the response;
and
(D) existing major water infrastructure
facilities that may be used for interconnections in the event of an
emergency shortage of water;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region;
(B) approved groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; and
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder;
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists; and
(8) describes the impact of proposed water projects on
water quality.
SECTION 2. Section 36.001, Water Code, is amended by
amending Subdivisions (24) and (25) and adding Subdivision (30) to
read as follows:
(24) "Total estimated recoverable [aquifer] storage"
means the total calculated volume of groundwater that an aquifer is
capable of producing.
(25) "Modeled [Managed] available groundwater" means
the amount of water that the executive administrator determines may
be produced on an average annual basis to achieve a [permitted by a
district for beneficial use in accordance with the] desired future
condition established [of the aquifer as determined] under Section
36.108.
(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 3. 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 modeled [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 4. Section 36.108, Water Code, is amended by
amending Subsections (d), (d-1), (d-2), and (o) 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) whether the desired future conditions are
physically possible;
(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
total estimated recoverable storage reported by the executive
administrator, recharge, inflows, and discharge;
(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.
(o) The districts shall submit the conditions established
under this section to the executive administrator. The executive
administrator shall provide each district and regional water
planning group located wholly or partly in the management area with
the modeled [managed] available groundwater in the management area
based upon the desired future condition of the groundwater
resources established under this section.
SECTION 5. Section 36.1132, Water Code, is amended to read
as follows:
Sec. 36.1132. PERMITS BASED ON MODELED [MANAGED] AVAILABLE
GROUNDWATER. A district, to the extent possible, shall issue
permits up to the point that the total volume of groundwater
permitted equals the modeled [managed] available groundwater, if
administratively complete permit applications are submitted to the
district.
SECTION 6. 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.