Texas 2011 - 82nd Regular

Texas House Bill HB1824 Compare Versions

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Old	New	Differences
1	1	82R14124 SLB-F
2	2	By: Price H.B. No. 1824
3	3	Substitute the following for H.B. No. 1824:
4	4	By: Lucio III C.S.H.B. No. 1824
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the management of groundwater production by groundwater
10	10	conservation districts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 36.001(25), Water Code, is amended to
13	13	read as follows:
14	14	(25) "Modeled [Managed] available groundwater" means
15	15	the amount of water that the executive administrator determines may
16	16	be produced on an average annual basis to achieve a [permitted by a
17	17	district for beneficial use in accordance with the] desired future
18	18	condition established [of the aquifer as determined] under Section
19	19	36.108.
20	20	SECTION 2. Section 36.1071(e), Water Code, is amended to
21	21	read as follows:
22	22	(e) In the management plan described under Subsection (a),
23	23	the district shall:
24	24	(1) identify the performance standards and management
25	25	objectives under which the district will operate to achieve the
26	26	management goals identified under Subsection (a);
27	27	(2) specify, in as much detail as possible, the
28	28	actions, procedures, performance, and avoidance that are or may be
29	29	necessary to effect the plan, including specifications and proposed
30	30	rules;
31	31	(3) include estimates of the following:
32	32	(A) modeled [managed] available groundwater in
33	33	the district based on the desired future condition established
34	34	under Section 36.108;
35	35	(B) the amount of groundwater being used within
36	36	the district on an annual basis;
37	37	(C) the annual amount of recharge from
38	38	precipitation, if any, to the groundwater resources within the
39	39	district;
40	40	(D) for each aquifer, the annual volume of water
41	41	that discharges from the aquifer to springs and any surface water
42	42	bodies, including lakes, streams, and rivers;
43	43	(E) the annual volume of flow into and out of the
44	44	district within each aquifer and between aquifers in the district,
45	45	if a groundwater availability model is available;
46	46	(F) the projected surface water supply in the
47	47	district according to the most recently adopted state water plan;
48	48	and
49	49	(G) the projected total demand for water in the
50	50	district according to the most recently adopted state water plan;
51	51	and
52	52	(4) consider the water supply needs and water
53	53	management strategies included in the adopted state water plan.
54	54	SECTION 3. Section 36.108(o), Water Code, is amended to
55	55	read as follows:
56	56	(o) The districts shall submit the conditions established
57	57	under this section to the executive administrator. The executive
58	58	administrator shall provide each district and regional water
59	59	planning group located wholly or partly in the management area with
60	60	the modeled [managed] available groundwater in the management area
61	61	based upon the desired future condition of the groundwater
62	62	resources established under this section.
63	63	SECTION 4. Section 36.1132, Water Code, is amended to read
64	64	as follows:
65	65	Sec. 36.1132. PERMITS BASED ON MODELED [MANAGED] AVAILABLE
66	66	GROUNDWATER. (a) A district, to the extent possible, shall issue
67	67	permits up to the point that the total volume of exempt and
68	68	permitted groundwater production will achieve an applicable
69	69	desired future condition under Section 36.108 [permitted equals the
70	70	managed available groundwater, if administratively complete permit
71	71	applications are submitted to the district].
72	72	(b) In issuing permits, the district shall manage total
73	73	groundwater production on a long-term basis to achieve an
74	74	applicable desired future condition and consider:
75	75	(1) the modeled available groundwater determined by
76	76	the executive administrator;
77	77	(2) the executive administrator's estimate of the
78	78	current and projected amount of groundwater produced under
79	79	exemptions granted by district rules and Section 36.117;
80	80	(3) the amount of groundwater authorized under permits
81	81	previously issued by the district;
82	82	(4) a reasonable estimate of the amount of groundwater
83	83	that is actually produced under permits issued by the district; and
84	84	(5) yearly precipitation and production patterns.
85	85	(c) In developing the estimate of exempt use under
86	86	Subsection (b)(2), the executive administrator shall solicit
87	87	information from each applicable district.
88	88	SECTION 5. This Act takes effect September 1, 2011.