By: Hegar S.B. No. 737
(Price)
A BILL TO BE ENTITLED
AN ACT
relating to the management of groundwater production by groundwater
conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (25), Section 36.001, Water Code, is
amended to read as follows:
(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.
SECTION 2. Subsection (e), Section 36.1071, 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) modeled [managed] available groundwater in
the district based 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. Subsection (o), Section 36.108, Water Code, is
amended to read as follows:
(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 4. Section 36.1132, Water Code, is amended to read
as follows:
Sec. 36.1132. PERMITS BASED ON MODELED [MANAGED] AVAILABLE
GROUNDWATER. (a) A district, to the extent possible, shall issue
permits up to the point that the total volume of exempt and
permitted groundwater production will achieve an applicable
desired future condition under Section 36.108 [permitted equals the
managed available groundwater, if administratively complete permit
applications are submitted to the district].
(b) In issuing permits, the district shall manage total
groundwater production on a long-term basis to achieve an
applicable desired future condition and consider:
(1) the modeled available groundwater determined by
the executive administrator;
(2) the executive administrator's estimate of the
current and projected amount of groundwater produced under
exemptions granted by district rules and Section 36.117;
(3) the amount of groundwater authorized under permits
previously issued by the district;
(4) a reasonable estimate of the amount of groundwater
that is actually produced under permits issued by the district; and
(5) yearly precipitation and production patterns.
(c) In developing the estimate of exempt use under
Subsection (b)(2), the executive administrator shall solicit
information from each applicable district.
SECTION 5. This Act takes effect September 1, 2011.