Texas 2011 - 82nd Regular

Texas Senate Bill SB727 Compare Versions

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1	1	By: Seliger S.B. No. 727
2	2	(Beck)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to groundwater conservation district management plans.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsections (a) and (b), Section 36.1071, Water
10	10	Code, are amended to read as follows:
11	11	(a) Following notice and hearing, the district shall, in
12	12	coordination with surface water management entities on a regional
13	13	basis, develop a [comprehensive] management plan that [which]
14	14	addresses the following management goals, as applicable:
15	15	(1) providing the most efficient use of groundwater;
16	16	(2) controlling and preventing waste of groundwater;
17	17	(3) controlling and preventing subsidence;
18	18	(4) addressing conjunctive surface water management
19	19	issues;
20	20	(5) addressing natural resource issues;
21	21	(6) addressing drought conditions;
22	22	(7) addressing conservation, recharge enhancement,
23	23	rainwater harvesting, precipitation enhancement, or brush control,
24	24	where appropriate and cost-effective; and
25	25	(8) addressing in a quantitative manner the desired
26	26	future conditions of the groundwater resources.
27	27	(b) The [A district] management plan, or any amendments to
28	28	the [a district management] plan, shall be developed [by the
29	29	district] using the district's best available data and forwarded to
30	30	the regional water planning group for use in their planning
31	31	process.
32	32	SECTION 2. Section 36.1072, Water Code, is amended by
33	33	amending Subsections (a) through (d), (f), and (g) and adding
34	34	Subsection (a-1) to read as follows:
35	35	(a) In this section, "development board" means the Texas
36	36	Water Development Board.
37	37	(a-1) A district shall, not later than three years after the
38	38	creation of the district or, if the district required confirmation,
39	39	not later than three years after the election confirming the
40	40	district's creation, submit the management plan required under
41	41	Section 36.1071 to the executive administrator for review and
42	42	approval.
43	43	(b) Within 60 days of receipt of a district's management
44	44	plan adopted under Section 36.1071, readopted under Subsection (e)
45	45	or (g) of this section, or amended under Section 36.1073, the
46	46	executive administrator shall approve the district's [a
47	47	management] plan if the plan is administratively complete. A
48	48	management plan is administratively complete when it contains the
49	49	information required to be submitted under Section 36.1071(a) and
50	50	(e). The executive administrator may determine whether conditions
51	51	justify waiver of the requirements under Section 36.1071(e)(4).
52	52	(c) Once the executive administrator has approved a
53	53	district's management plan:
54	54	(1) the executive administrator may not revoke but may
55	55	require revisions to the approved [groundwater conservation
56	56	district] management plan as provided by Subsection (g); and
57	57	(2) the executive administrator may request
58	58	additional information from the district if the information is
59	59	necessary to clarify, modify, or supplement previously submitted
60	60	material, but a request for additional information does not render
61	61	the management plan unapproved.
62	62	(d) A management plan takes effect on approval by the
63	63	executive administrator or, if appealed, on approval by the
64	64	development board [Texas Water Development Board].
65	65	(f) If the executive administrator does not approve the
66	66	district's management plan, the executive administrator shall
67	67	provide to the district, in writing, the reasons for the action.
68	68	Not later than the 180th day after the date a district receives
69	69	notice that its management plan has not been approved, the district
70	70	may submit a revised management plan for review and approval. The
71	71	executive administrator's decision may be appealed to the
72	72	development board [Texas Water Development Board]. If the
73	73	development board [Texas Water Development Board] decides not to
74	74	approve the district's management plan on appeal, the district may
75	75	request that the conflict be mediated. The district and the board
76	76	may seek the assistance of the Center for Public Policy Dispute
77	77	Resolution at The University of Texas School of Law or an
78	78	alternative dispute resolution system established under Chapter
79	79	152, Civil Practice and Remedies Code, in obtaining a qualified
80	80	impartial third party to mediate the conflict. The cost of the
81	81	mediation services must be specified in the agreement between the
82	82	parties and the Center for Public Policy Dispute Resolution or the
83	83	alternative dispute resolution system. If the parties do not
84	84	resolve the conflict through mediation, the decision of the
85	85	development board [Texas Water Development Board] not to approve
86	86	the district's management plan may be appealed to a district court
87	87	in Travis County. Costs for the appeal shall be set by the court
88	88	hearing the appeal. An appeal under this subsection is by trial de
89	89	novo. The commission shall not take enforcement action against a
90	90	district under Subchapter I until the latest [later] of the
91	91	expiration of the 180-day period, the date the development board
92	92	[Texas Water Development Board] has taken final action withholding
93	93	approval of a revised management plan, the date the mediation is
94	94	completed, or the date a final judgment upholding the board's
95	95	decision is entered by a district court. An enforcement action may
96	96	not be taken against a district by the commission or the state
97	97	auditor under Subchapter I because the district's management plan
98	98	and the approved regional water plan are in conflict while the
99	99	parties are attempting to resolve the conflict before the
100	100	development board, in mediation, or in court. Rules of the district
101	101	continue in full force and effect until all appeals under this
102	102	subsection have been exhausted and the final judgment is adverse to
103	103	the district.
104	104	(g) [In this subsection, "development board" means the
105	105	Texas Water Development Board.] A person with a legally defined
106	106	interest in groundwater in a district, or the regional water
107	107	planning group, may file a petition with the development board
108	108	stating that a conflict requiring resolution may exist between the
109	109	district's approved management plan developed under Section
110	110	36.1071 and the state water plan. If a conflict exists, the
111	111	development board shall provide technical assistance to and
112	112	facilitate coordination between the involved person or regional
113	113	water planning group and the district to resolve the conflict. Not
114	114	later than the 45th day after the date the person or the regional
115	115	water planning group files a petition with the development board,
116	116	if the conflict has not been resolved, the district and the involved
117	117	person or regional planning group may mediate the conflict. The
118	118	district and the involved person or regional planning group may
119	119	seek the assistance of the Center for Public Policy Dispute
120	120	Resolution at The University of Texas School of Law or an
121	121	alternative dispute resolution system established under Chapter
122	122	152, Civil Practice and Remedies Code, in obtaining a qualified
123	123	impartial third party to mediate the conflict. The cost of the
124	124	mediation services must be specified in the agreement between the
125	125	parties and the Center for Public Policy Dispute Resolution or the
126	126	alternative dispute resolution system. If the district and the
127	127	involved person or regional planning group cannot resolve the
128	128	conflict through mediation, the development board shall resolve the
129	129	conflict not later than the 60th day after the date the mediation is
130	130	completed. The development board action under this provision may
131	131	be consolidated, at the option of the board, with related action
132	132	under Section 16.053(p). If the development board determines that
133	133	resolution of the conflict requires a revision of the approved
134	134	[groundwater conservation district] management plan, the
135	135	development board shall provide information to the district. The
136	136	district shall prepare any revisions to the plan based on the
137	137	information provided by the development board and shall hold, after
138	138	notice, at least one public hearing at some central location within
139	139	the district. The district shall consider all public and
140	140	development board comments, prepare, revise, and adopt its
141	141	management plan, and submit the revised management plan to the
142	142	development board for approval. On the request of the district or
143	143	the regional water planning group, the development board shall
144	144	include discussion of the conflict and its resolution in the state
145	145	water plan that the development board provides to the governor, the
146	146	lieutenant governor, and the speaker of the house of
147	147	representatives under Section 16.051(e). If the groundwater
148	148	conservation district disagrees with the decision of the
149	149	development board under this subsection, the district may appeal
150	150	the decision to a district court in Travis County. Costs for the
151	151	appeal shall be set by the court hearing the appeal. An appeal
152	152	under this subsection is by trial de novo.
153	153	SECTION 3. Subsections (b) and (c), Section 36.108, Water
154	154	Code, are amended to read as follows:
155	155	(b) If two or more districts are located within the
156	156	boundaries of the same management area, each district shall
157	157	[prepare a comprehensive management plan as required by Section
158	158	36.1071 covering that district's respective territory. On
159	159	completion and approval of the plan as required by Section 36.1072,
160	160	each district shall] forward a copy of that district's [the] new or
161	161	revised management plan to the other districts in the management
162	162	area. The boards of the districts shall consider the plans
163	163	individually and shall compare them to other management plans then
164	164	in force in the management area.
165	165	(c) The presiding officer, or the presiding officer's
166	166	designee, of each district located in whole or in part in the
167	167	management area shall meet at least annually to conduct joint
168	168	planning with the other districts in the management area and to
169	169	review the management plans and accomplishments for the management
170	170	area. In reviewing the management plans, the districts shall
171	171	consider:
172	172	(1) the goals of each management plan and its impact on
173	173	planning throughout the management area;
174	174	(2) the effectiveness of the measures established by
175	175	each district's management plan for conserving and protecting
176	176	groundwater and preventing waste, and the effectiveness of these
177	177	measures in the management area generally;
178	178	(3) any other matters that the boards consider
179	179	relevant to the protection and conservation of groundwater and the
180	180	prevention of waste in the management area; and
181	181	(4) the degree to which each management plan achieves
182	182	the desired future conditions established during the joint planning
183	183	process.
184	184	SECTION 4. Subsection (d), Section 36.113, Water Code, is
185	185	amended to read as follows:
186	186	(d) Before granting or denying a permit or permit amendment,
187	187	the district shall consider whether:
188	188	(1) the application conforms to the requirements
189	189	prescribed by this chapter and is accompanied by the prescribed
190	190	fees;
191	191	(2) the proposed use of water unreasonably affects
192	192	existing groundwater and surface water resources or existing permit
193	193	holders;
194	194	(3) the proposed use of water is dedicated to any
195	195	beneficial use;
196	196	(4) the proposed use of water is consistent with the
197	197	district's approved [certified water] management plan;
198	198	(5) if the well will be located in the Hill Country
199	199	Priority Groundwater Management Area, the proposed use of water
200	200	from the well is wholly or partly to provide water to a pond, lake,
201	201	or reservoir to enhance the appearance of the landscape;
202	202	(6) the applicant has agreed to avoid waste and
203	203	achieve water conservation; and
204	204	(7) the applicant has agreed that reasonable diligence
205	205	will be used to protect groundwater quality and that the applicant
206	206	will follow well plugging guidelines at the time of well closure.
207	207	SECTION 5. Subsection (b), Section 36.116, Water Code, is
208	208	amended to read as follows:
209	209	(b) In promulgating any rules limiting groundwater
210	210	production, the district may preserve historic or existing use
211	211	before the effective date of the rules to the maximum extent
212	212	practicable consistent with the district's [comprehensive]
213	213	management plan under Section 36.1071 and as provided by Section
214	214	36.113.
215	215	SECTION 6. Subsection (f), Section 36.122, Water Code, is
216	216	amended to read as follows:
217	217	(f) In reviewing a proposed transfer of groundwater out of
218	218	the district, the district shall consider:
219	219	(1) the availability of water in the district and in
220	220	the proposed receiving area during the period for which the water
221	221	supply is requested;
222	222	(2) the projected effect of the proposed transfer on
223	223	aquifer conditions, depletion, subsidence, or effects on existing
224	224	permit holders or other groundwater users within the district; and
225	225	(3) the approved regional water plan and approved
226	226	[certified] district management plan.
227	227	SECTION 7. Section 36.207, Water Code, is amended to read as
228	228	follows:
229	229	Sec. 36.207. USE OF PERMIT FEES AUTHORIZED BY SPECIAL LAW.
230	230	A district may use funds obtained from permit fees collected
231	231	pursuant to the special law governing the district for any purpose
232	232	consistent with the district's approved [certified water]
233	233	management plan including, without limitation, making grants,
234	234	loans, or contractual payments to achieve, facilitate, or expedite
235	235	reductions in groundwater pumping or the development or
236	236	distribution of alternative water supplies.
237	237	SECTION 8. Section 36.301, Water Code, is amended to read as
238	238	follows:
239	239	Sec. 36.301. FAILURE TO SUBMIT A MANAGEMENT PLAN. If a
240	240	district [board] fails to submit a management plan or to receive
241	241	approval [certification] of its management plan under Section
242	242	36.1072, or fails to submit or receive approval [certification] of
243	243	an amendment to the management plan under Section 36.1073, the
244	244	commission shall take appropriate action under Section 36.303.
245	245	SECTION 9. Section 36.3011, Water Code, is amended to read
246	246	as follows:
247	247	Sec. 36.3011. FAILURE OF DISTRICT TO CONDUCT JOINT
248	248	PLANNING. Not later than the 45th day after receiving the review
249	249	panel's report under Section 36.108, the executive director or the
250	250	commission shall take action to implement any or all of the panel's
251	251	recommendations. The commission may take any action against a
252	252	district it considers necessary in accordance with Section 36.303
253	253	if the commission finds that:
254	254	(1) a district has failed to submit its management
255	255	plan to the executive administrator;
256	256	(2) a district has failed to adopt rules;
257	257	(3) the rules adopted by the district are not designed
258	258	to achieve the desired future condition of the groundwater
259	259	resources in the groundwater management area; or
260	260	(4) the groundwater in the management area is not
261	261	adequately protected by the rules adopted by the district, or the
262	262	groundwater in the management area is not adequately protected
263	263	because of the district's failure to enforce substantial compliance
264	264	with its rules.
265	265	SECTION 10. This Act takes effect immediately if it
266	266	receives a vote of two-thirds of all the members elected to each
267	267	house, as provided by Section 39, Article III, Texas Constitution.
268	268	If this Act does not receive the vote necessary for immediate
269	269	effect, this Act takes effect September 1, 2011.