82R4539 SLB-D
By: Seliger S.B. No. 755
A BILL TO BE ENTITLED
AN ACT
relating to a priority groundwater management area designation for
a water district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Water Code, is amended by adding
Section 35.0135 to read as follows:
Sec. 35.0135. REMOVAL OR AMENDMENT OF PRIORITY GROUNDWATER
MANAGEMENT AREA DESIGNATION; RULES. (a) This section applies to a
district:
(1) to which a priority groundwater management area
has been added; or
(2) created by the commission to encompass a priority
groundwater management area.
(b) A district may request the executive director to
determine whether a priority groundwater management area
designation should be removed or amended. The request must be
signed and dated by both the district and the commissioners court in
each county in which a portion of the priority groundwater
management area exists.
(c) In making the determination, the executive director
shall consider:
(1) whether the district has adopted a management plan
that has been approved under Section 36.1072;
(2) whether the district has adopted rules to
implement the management plan;
(3) whether the commissioners court in each county in
which a portion of the priority groundwater management area exists:
(A) has not adopted water availability
requirements under Section 35.019; or
(B) agrees to an amendment or removal of the
area; and
(4) any other criteria established in rules adopted
under this section.
(d) Not later than the 180th day after the date the
executive director receives a request under this section, the
executive director shall either petition the commission to remove
or amend the priority groundwater management area designation or
notify the district that the executive director will not petition
the commission.
(e) On receipt of a petition under this section, the
commission may remove or amend a priority groundwater management
area designation.
(f) The executive director shall notify the district and
each commissioners court that signed the request informing them
when a petition was sent under Subsection (d). Within a reasonable
time, the commission shall notify the district and each
commissioners court of the commission decision.
(g) The commission shall adopt rules to implement this
section.
SECTION 2. This Act takes effect September 1, 2011.