Texas 2011 - 82nd Regular

Texas Senate Bill SB907 Compare Versions

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1	1	82R28684 SGA-D
2	2	By: Seliger S.B. No. 907
3	3	(Price)
4	4	Substitute the following for S.B. No. 907: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the management, operation, rulemaking authority, and
10	10	oversight of groundwater conservation districts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 36.001, Water Code, is amended by adding
13	13	Subdivision (30) to read as follows:
14	14	(30) "Desired future condition" means a quantitative
15	15	description, adopted in accordance with Section 36.108, of the
16	16	desired condition of the groundwater resources in a management area
17	17	at one or more specified future times.
18	18	SECTION 2. Section 36.063, Water Code, is amended to read as
19	19	follows:
20	20	Sec. 36.063. NOTICE OF MEETINGS. (a) Except as provided by
21	21	Subsections (b) and (c), notice [Notice] of meetings of the board
22	22	shall be given as set forth in the Open Meetings Act, Chapter 551,
23	23	Government Code. Neither failure to provide notice of a regular
24	24	meeting nor an insubstantial defect in notice of any meeting shall
25	25	affect the validity of any action taken at the meeting.
26	26	(b) At least 10 days before a hearing under Section
27	27	36.108(d-2) or a meeting at which a district will adopt a desired
28	28	future condition under Section 36.108(d-4), the board must post
29	29	notice that includes:
30	30	(1) the proposed desired future conditions and a list
31	31	of any other agenda items;
32	32	(2) the date, time, and location of the meeting or
33	33	hearing;
34	34	(3) the name, telephone number, and address of the
35	35	person to whom questions or requests for additional information may
36	36	be submitted;
37	37	(4) the names of the other districts in the district's
38	38	management area; and
39	39	(5) information on how the public may submit comments.
40	40	(c) Except as provided by Subsection (b), notice of a
41	41	hearing described by Subsection (b) must be provided in the manner
42	42	prescribed for a rulemaking hearing under Section 36.101(d).
43	43	SECTION 3. Section 36.1071, Water Code, is amended by
44	44	amending Subsections (a), (c), (e), and (f) and adding Subsection
45	45	(f-1) to read as follows:
46	46	(a) Following notice and hearing, the district shall, in
47	47	coordination with surface water management entities on a regional
48	48	basis, develop a comprehensive management plan which addresses the
49	49	following management goals, as applicable:
50	50	(1) providing the most efficient use of groundwater;
51	51	(2) controlling and preventing waste of groundwater;
52	52	(3) controlling and preventing subsidence;
53	53	(4) addressing conjunctive surface water management
54	54	issues;
55	55	(5) addressing natural resource issues;
56	56	(6) addressing drought conditions;
57	57	(7) addressing conservation, recharge enhancement,
58	58	rainwater harvesting, precipitation enhancement, or brush control,
59	59	where appropriate and cost-effective; and
60	60	(8) addressing [in a quantitative manner] the desired
61	61	future conditions adopted by the district under Section 36.108 [of
62	62	the groundwater resources].
63	63	(c) The commission and the Texas Water Development Board
64	64	shall provide technical assistance to a district in the development
65	65	of the management plan required under Subsection (a) that [which]
66	66	may include, if requested by the district, a preliminary review and
67	67	comment on the plan prior to final approval by the Texas Water
68	68	Development Board [board]. If such review and comment by the
69	69	commission is requested, the commission shall provide comment not
70	70	later than 30 days from the date the request is received.
71	71	(e) In the management plan described under Subsection (a),
72	72	the district shall:
73	73	(1) identify the performance standards and management
74	74	objectives under which the district will operate to achieve the
75	75	management goals identified under Subsection (a);
76	76	(2) specify, in as much detail as possible, the
77	77	actions, procedures, performance, and avoidance that are or may be
78	78	necessary to effect the plan, including specifications and proposed
79	79	rules;
80	80	(3) include estimates of the following:
81	81	(A) managed available groundwater in the
82	82	district based on the desired future condition adopted
83	83	[established] under Section 36.108;
84	84	(B) the amount of groundwater being used within
85	85	the district on an annual basis;
86	86	(C) the annual amount of recharge from
87	87	precipitation, if any, to the groundwater resources within the
88	88	district;
89	89	(D) for each aquifer, the annual volume of water
90	90	that discharges from the aquifer to springs and any surface water
91	91	bodies, including lakes, streams, and rivers;
92	92	(E) the annual volume of flow into and out of the
93	93	district within each aquifer and between aquifers in the district,
94	94	if a groundwater availability model is available;
95	95	(F) the projected surface water supply in the
96	96	district according to the most recently adopted state water plan;
97	97	and
98	98	(G) the projected total demand for water in the
99	99	district according to the most recently adopted state water plan;
100	100	and
101	101	(4) consider the water supply needs and water
102	102	management strategies included in the adopted state water plan.
103	103	(f) [The district shall adopt rules necessary to implement
104	104	the management plan.] Prior to the development of the district's
105	105	first management plan and [its] approval of that plan under Section
106	106	36.1072, the district:
107	107	(1) [may not adopt rules other than rules pertaining
108	108	to the registration and interim permitting of new and existing
109	109	wells and rules governing spacing and procedure before the
110	110	district's board; however, the district may not adopt any rules
111	111	limiting the production of wells, except rules requiring that
112	112	groundwater produced from a well be put to a nonwasteful,
113	113	beneficial use. The district] may accept applications for permits
114	114	under Section 36.113, provided the district does not act on any such
115	115	application until the district's management plan is approved as
116	116	provided in Section 36.1072;
117	117	(2) may adopt rules pertaining to the registration,
118	118	interim permitting, metering, production reporting, spacing, and,
119	119	where applicable, fee payment for authorized or actual production
120	120	of water from new and existing wells;
121	121	(3) may adopt rules governing procedure before the
122	122	district's board; and
123	123	(4) may not adopt any rules limiting the production of
124	124	wells, except rules requiring that groundwater produced from a well
125	125	be put to a nonwasteful, beneficial use.
126	126	(f-1) After a management plan is finally approved under
127	127	Section 36.1072, the district shall adopt or amend rules limiting
128	128	the production of wells or allocating groundwater as necessary to
129	129	implement the management plan and achieve the applicable desired
130	130	future condition. A district may not adopt or amend rules limiting
131	131	the production of wells or allocating groundwater if the district
132	132	fails to:
133	133	(1) adopt a management plan as required by this
134	134	section;
135	135	(2) submit a management plan to the executive
136	136	administrator as required by Section 36.1072; and
137	137	(3) receive approval of the management plan under
138	138	Section 36.1072.
139	139	SECTION 4. Section 36.1072, Water Code, is amended by
140	140	amending Subsection (c) and adding Subsection (c-1) to read as
141	141	follows:
142	142	(c) Once the executive administrator has granted
143	143	administrative approval to [approved] a management plan:
144	144	(1) the executive administrator may not revoke but may
145	145	require revisions to the approved [groundwater conservation
146	146	district] management plan as provided by Subsection (g); and
147	147	(2) the executive administrator may request
148	148	additional information from the district if the information is
149	149	necessary to clarify, modify, or supplement previously submitted
150	150	material[, but a request for additional information does not render
151	151	the management plan unapproved].
152	152	(c-1) Not later than the 60th day after the date of the
153	153	administrative approval of a district's management plan under
154	154	Subsection (c), the executive administrator shall review the
155	155	management plan to determine whether the goals of the management
156	156	plan are consistent with the achievement of the desired future
157	157	conditions established under Section 36.108 that are applicable to
158	158	all or part of the district, considering any available information
159	159	regarding groundwater levels, and:
160	160	(1) request additional information from the district;
161	161	(2) recommend that the district make substantive
162	162	changes to the management plan; or
163	163	(3) approve the management plan.
164	164	SECTION 5. Section 36.1073, Water Code, is amended to read
165	165	as follows:
166	166	Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment
167	167	to a district's [the] management plan shall be submitted to the
168	168	executive administrator within 60 days following adoption of the
169	169	amendment by the district's board. The executive administrator
170	170	shall review and approve any amendment that [which] substantially
171	171	affects the management plan in accordance with the procedures
172	172	established under Section 36.1072.
173	173	SECTION 6. Subchapter D, Chapter 36, Water Code, is amended
174	174	by amending Section 36.108 and adding Sections 36.1081, 36.1082,
175	175	36.1083, 36.1084, 36.1085, 36.1086, and 36.1087 to read as follows:
176	176	Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) In
177	177	this section:
178	178	(1) "Development [, "development] board" means the
179	179	Texas Water Development Board.
180	180	(2) "District representative" means the presiding
181	181	officer or the presiding officer's designee for any district
182	182	located wholly or partly in the management area.
183	183	(b) If two or more districts are located within the
184	184	boundaries of the same management area, each district shall prepare
185	185	a comprehensive management plan as required by Section 36.1071
186	186	covering that district's respective territory. On completion and
187	187	approval of the plan as required by Section 36.1072, each district
188	188	shall forward a copy of the new or revised management plan to the
189	189	other districts in the management area. The boards of the districts
190	190	shall consider the plans individually and shall compare them to
191	191	other management plans then in force in the management area.
192	192	(c) The district representatives [The presiding officer, or
193	193	the presiding officer's designee, of each district located in whole
194	194	or in part in the management area] shall meet at least annually to
195	195	conduct joint planning with the other districts in the management
196	196	area and to review the management plans, the [and] accomplishments
197	197	of [for] the management area, and proposals to adopt new or amend
198	198	existing desired future conditions. In reviewing the management
199	199	plans, the districts shall consider:
200	200	(1) the goals of each management plan and its impact on
201	201	planning throughout the management area;
202	202	(2) the effectiveness of the measures established by
203	203	each management plan for conserving and protecting groundwater and
204	204	preventing waste, and the effectiveness of these measures in the
205	205	management area generally;
206	206	(3) any other matters that the boards consider
207	207	relevant to the protection and conservation of groundwater and the
208	208	prevention of waste in the management area; and
209	209	(4) the degree to which each management plan achieves
210	210	the desired future conditions established during the joint planning
211	211	process.
212	212	(d) Not later than September 1, 2010, and every five years
213	213	thereafter, the districts shall consider groundwater availability
214	214	models and other data or information for the management area and
215	215	shall propose for adoption [establish] desired future conditions
216	216	for the relevant aquifers within the management area. Before
217	217	voting on the proposed [In establishing the] desired future
218	218	conditions of the aquifers under Subsection (d-2) [this section],
219	219	the districts shall consider:
220	220	(1) aquifer uses or conditions within the management
221	221	area, including conditions that differ substantially from one
222	222	geographic area to another;
223	223	(2) the water supply needs and water management
224	224	strategies included in the state water plan;
225	225	(3) hydrological conditions, including for each
226	226	aquifer in the management area the total estimated recoverable
227	227	storage as provided by the executive administrator, and the average
228	228	annual recharge, inflows, and discharge;
229	229	(4) other environmental impacts, including impacts on
230	230	spring flow and other interactions between groundwater and surface
231	231	water;
232	232	(5) the impact on subsidence;
233	233	(6) socioeconomic impacts reasonably expected to
234	234	occur;
235	235	(7) the impact on the interests and rights in private
236	236	property, including ownership and the rights of management area
237	237	landowners and their lessees and assigns in groundwater as
238	238	recognized under Section 36.002;
239	239	(8) whether the desired future conditions are
240	240	physically possible; and
241	241	(9) any other information relevant to the specific
242	242	desired future conditions [uses or conditions of an aquifer within
243	243	the management area that differ substantially from one geographic
244	244	area to another].
245	245	(d-1) The districts may establish different desired future
246	246	conditions for:
247	247	(1) each aquifer, subdivision of an aquifer, or
248	248	geologic strata located in whole or in part within the boundaries of
249	249	the management area; or
250	250	(2) each geographic area overlying an aquifer in whole
251	251	or in part or subdivision of an aquifer within the boundaries of the
252	252	management area.
253	253	(d-2) [(d-1)] The desired future conditions proposed
254	254	[established] under Subsection (d) must provide a balance between
255	255	the highest practicable level of groundwater production and the
256	256	conservation, preservation, protection, recharging, and prevention
257	257	of waste of groundwater and control of subsidence in the management
258	258	area. This subsection does not prohibit the establishment of
259	259	desired future conditions that provide for the reasonable long-term
260	260	management of groundwater resources consistent with the management
261	261	goals under Section 36.1071(a). The desired future conditions
262	262	proposed under Subsection (d) must be approved [adopted] by a
263	263	two-thirds vote of all the district representatives for
264	264	distribution to the districts in the management area. A period of
265	265	not less than 30 or more than 90 days for public comments begins on
266	266	the day the proposed desired future conditions are mailed to the
267	267	districts. During the public comment period and after posting
268	268	notice as required by Section 36.063, each district shall hold a
269	269	public hearing on the proposed desired future conditions relevant
270	270	to that district. During the public comment period, the district
271	271	shall make available in its office a copy of the proposed desired
272	272	future conditions and any supporting materials, such as the
273	273	documentation of factors considered under Subsection (d) and
274	274	groundwater availability model run results. After the public
275	275	hearing, the district shall compile for consideration at the next
276	276	joint planning meeting a summary of relevant comments received, any
277	277	suggested revisions to the proposed desired future conditions, and
278	278	the basis for the revisions [present at a meeting:
279	279	[(1) at which at least two-thirds of the districts
280	280	located in whole or in part in the management area have a voting
281	281	representative in attendance; and
282	282	[(2) for which all districts located in whole or in
283	283	part in the management area provide public notice in accordance
284	284	with Chapter 551, Government Code.
285	285	[(d-2) Each district in the management area shall ensure
286	286	that its management plan contains goals and objectives consistent
287	287	with achieving the desired future conditions of the relevant
288	288	aquifers as adopted during the joint planning process].
289	289	(d-3) After the earlier of the date on which all the
290	290	districts have submitted their district summaries or the expiration
291	291	of the public comment period under Subsection (d-2), the district
292	292	representatives shall reconvene to review the reports, consider any
293	293	district's suggested revisions to the proposed desired future
294	294	conditions, and finally adopt the desired future conditions for the
295	295	management area. The desired future conditions must be adopted as a
296	296	resolution by a two-thirds vote of all the district
297	297	representatives. The district representatives shall produce a
298	298	desired future conditions explanatory report for the management
299	299	area and submit to the development board and each district in the
300	300	management area proof that notice was posted for the joint planning
301	301	meeting, a copy of the resolution, and a copy of the explanatory
302	302	report. The report must:
303	303	(1) identify each desired future condition;
304	304	(2) provide the policy and technical justifications
305	305	for each desired future condition;
306	306	(3) include documentation that the factors under
307	307	Subsection (d) were considered by the districts and a discussion of
308	308	how the adopted desired future conditions impact each factor;
309	309	(4) list other desired future condition options
310	310	considered, if any, and the reasons why those options were not
311	311	adopted; and
312	312	(5) discuss reasons why recommendations made by
313	313	advisory committees and public comments received by the districts
314	314	were or were not incorporated into the desired future conditions.
315	315	(d-4) As soon as possible after a district receives the
316	316	desired future conditions resolution and explanatory report under
317	317	Subsection (d-3), the district shall adopt the desired future
318	318	conditions in the resolution and report that apply to the district.
319	319	(e) Except as provided by this section, a [A] joint meeting
320	320	under this section must be held in accordance with Chapter 551,
321	321	Government Code. Each district shall comply with Chapter 552,
322	322	Government Code. The district representatives may elect one
323	323	district to be responsible for providing the notice of a joint
324	324	meeting that this section would otherwise require of each district
325	325	in the management area. Notice of a joint [the] meeting must be
326	326	provided at least 10 days before the date of the meeting by:
327	327	(1) providing notice to the secretary of state;
328	328	(2) providing notice to the county clerk of each
329	329	county located wholly or partly in a district that is located wholly
330	330	or partly in the management area; and
331	331	(3) posting notice at a place readily accessible to
332	332	the public at the district office of each district located wholly or
333	333	partly in the management area.
334	334	(f) The secretary of state and the county clerk of each
335	335	county described by Subsection (e) shall post notice of the meeting
336	336	in the manner provided by Section 551.053, Government Code.
337	337	(g) Notice of a joint meeting must include:
338	338	(1) the date, time, and location of the meeting;
339	339	(2) a summary of any action proposed to be taken;
340	340	(3) the name of each district located wholly or partly
341	341	in the management area; and
342	342	(4) the name, telephone number, and address of one or
343	343	more persons to whom questions, requests for additional
344	344	information, or comments may be submitted.
345	345	(h) The failure or refusal of one or more districts to post
346	346	notice for a joint meeting under Subsection (e) does not invalidate
347	347	an action taken at the joint meeting [shall be given in accordance
348	348	with the requirements for notice of district board of directors
349	349	meetings under that Act].
350	350	Sec. 36.1081. TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT
351	351	PLANNING. (a) On request, the commission and the Texas Water
352	352	Development Board shall make technical staff available to serve in
353	353	a nonvoting advisory capacity to assist with the development of
354	354	desired future conditions during the joint planning process under
355	355	Section 36.108.
356	356	(b) During the joint planning process under Section 36.108,
357	357	the district representatives may appoint and convene nonvoting
358	358	advisory subcommittees who represent social, governmental,
359	359	environmental, or economic interests to assist in the development
360	360	of desired future conditions.
361	361	Sec. 36.1082. PETITION FOR INQUIRY. (a) In this section,
362	362	"affected person" means, with respect to a management area:
363	363	(1) an owner of land in the management area;
364	364	(2) a district in or adjacent to the management area;
365	365	(3) a regional water planning group with a water
366	366	management strategy in the management area;
367	367	(4) a person who holds or is applying for a permit from
368	368	a district in the management area;
369	369	(5) a person who, under Section 36.002, has an
370	370	ownership interest in groundwater in the management area; or
371	371	(6) any other person defined as affected by commission
372	372	rule.
373	373	(b) An affected person who seeks to appeal a desired future
374	374	condition adopted under Section 36.108 must file a petition under
375	375	Section 36.1083. Additionally, an affected person [(f) A district
376	376	or person with a legally defined interest in the groundwater within
377	377	the management area] may file a petition with the commission
378	378	requesting an inquiry for any of the following reasons:
379	379	(1) [if] a district fails [or districts refused] to
380	380	participate [join] in the joint planning process under Section
381	381	36.108;
382	382	(2) a district fails to adopt rules;
383	383	(3) a district fails to adopt the applicable desired
384	384	future conditions adopted by the management area at a joint
385	385	meeting;
386	386	(4) a district fails to update its management plan
387	387	before the second anniversary of the adoption of desired future
388	388	conditions by the management area;
389	389	(5) a district fails to update its rules to implement
390	390	the applicable desired future conditions before the first
391	391	anniversary of the date it updated its management plan with the
392	392	adopted desired future conditions;
393	393	(6) [or the process failed to result in adequate
394	394	planning, including the establishment of reasonable future desired
395	395	conditions of the aquifers, and the petition provides evidence
396	396	that:
397	397	[(1) a district in the groundwater management area has
398	398	failed to adopt rules;
399	399	[(2)] the rules adopted by a district are not designed
400	400	to achieve the desired future conditions adopted by [condition of
401	401	the groundwater resources in] the [groundwater] management area
402	402	[established] during the joint planning process;
403	403	(7) [(3)] the groundwater in the management area is
404	404	not adequately protected by the rules adopted by a district; or
405	405	(8) [(4)] the groundwater in the [groundwater]
406	406	management area is not adequately protected due to the failure of a
407	407	district to enforce substantial compliance with its rules.
408	408	(c) [(g)] Not later than the 90th day after the date the
409	409	petition is filed, the commission shall review the petition and
410	410	either:
411	411	(1) dismiss the petition if the commission finds that
412	412	the evidence is not adequate to show that any of the conditions
413	413	alleged in the petition exist; or
414	414	(2) select a review panel as provided in Subsection
415	415	(d) [(h)].
416	416	(d) [(h)] If the petition is not dismissed under Subsection
417	417	(c) [(g)], the commission shall appoint a review panel consisting
418	418	of a chairman and four other members. A director or general manager
419	419	of a district located outside the [groundwater] management area
420	420	that is the subject of the petition may be appointed to the review
421	421	panel. The commission may not appoint more than two members of the
422	422	review panel from any one district. The commission also shall
423	423	appoint a disinterested person to serve as a nonvoting recording
424	424	secretary for the review panel. The recording secretary may be an
425	425	employee of the commission. The recording secretary shall record
426	426	and document the proceedings of the panel.
427	427	(e) [(i)] Not later than the 120th day after appointment,
428	428	the review panel shall review the petition and any evidence
429	429	relevant to the petition and, in a public meeting, consider and
430	430	adopt a report to be submitted to the commission. The commission
431	431	may direct the review panel to conduct public hearings at a location
432	432	in the [groundwater] management area to take evidence on the
433	433	petition. The review panel may attempt to negotiate a settlement or
434	434	resolve the dispute by any lawful means.
435	435	(f) [(j)] In its report, the review panel shall include:
436	436	(1) a summary of all evidence taken in any hearing on
437	437	the petition;
438	438	(2) a list of findings and recommended actions
439	439	appropriate for the commission to take and the reasons it finds
440	440	those actions appropriate; and
441	441	(3) any other information the panel considers
442	442	appropriate.
443	443	(g) [(k)] The review panel shall submit its report to the
444	444	commission. The commission may take action under Section 36.3011.
445	445	Sec. 36.1083. ADMINISTRATIVE APPEAL OF DESIRED FUTURE
446	446	CONDITIONS. (a) In this section:
447	447	(1) "Affected person" has the meaning assigned by
448	448	Section 36.1082.
449	449	(2) "Development board" means the Texas Water
450	450	Development Board.
451	451	(3) "Office" means the State Office of Administrative
452	452	Hearings.
453	453	(b) Not later than the 180th day after the date on which a
454	454	district adopted a desired future condition under Section
455	455	36.108(d-4), an affected person may file a petition with the
456	456	district requesting that the district contract with the office to
457	457	conduct a hearing to appeal the desired future condition, including
458	458	the reasonableness of the desired future condition. An affected
459	459	person may not request a hearing under this section for a reason
460	460	described by Section 36.1082(b).
461	461	(c) Not later than the 45th day after the deadline for
462	462	filing a petition under Subsection (b), the district shall:
463	463	(1) contract with the office;
464	464	(2) request a contested case hearing; and
465	465	(3) submit a copy of any petitions received by the
466	466	district to the office.
467	467	(d) The hearing must be held at a location described by
468	468	Section 36.403(c). The hearing shall be conducted in accordance
469	469	with Chapter 2001, Government Code, and rules of the office.
470	470	(e) The district may adopt rules for notice and hearings
471	471	conducted under this section that are consistent with the
472	472	procedural rules of the office. In the manner prescribed by
473	473	district and office rules, the district shall provide general
474	474	notice of the hearing and individual notice of the hearing to the
475	475	petitioner, any other party in the hearing identified under
476	476	Subsection (f)(3), each nonparty district and regional water
477	477	planning group in the management area, the development board, and
478	478	the commission. Only an affected person may participate as a party
479	479	in the hearing.
480	480	(f) The office shall hold a prehearing conference to
481	481	determine preliminary matters including:
482	482	(1) whether the petition should be dismissed for
483	483	failure to state a claim on which relief can be granted;
484	484	(2) whether a person is an affected person and
485	485	eligible to participate as a party in the hearing; and
486	486	(3) naming parties to the hearing.
487	487	(g) The petitioner shall pay all costs associated with the
488	488	contract for the hearing and shall deposit with the district an
489	489	amount sufficient to pay the contract amount before the hearing
490	490	begins. At the conclusion of the hearing, the district shall refund
491	491	any excess money to the petitioner.
492	492	(h) If the administrative law judge finds that a technical
493	493	analysis is needed related to the hydrogeology of the area or
494	494	matters within the development board's expertise, the judge may
495	495	request a study from the development board. In conducting the
496	496	technical analysis, the development board shall consider any
497	497	relevant information provided in the petition, as well as any
498	498	groundwater availability models, published studies, or other
499	499	information the development board considers relevant. The study
500	500	must be completed and delivered to the office not later than the
501	501	120th day after the date of the request for admission into the
502	502	evidentiary record for consideration at the hearing. The
503	503	development board shall make available the relevant staff as expert
504	504	witnesses during the hearing if requested by any party or the
505	505	administrative law judge.
506	506	(i) On receipt of the administrative law judge's findings of
507	507	fact and conclusions of law in a proposal for decision, including a
508	508	dismissal of a petition under Subsection (f), the district's board
509	509	shall issue a final order stating the district's decision on the
510	510	contested matter and the district's findings of fact and
511	511	conclusions of law. The board may change a finding of fact or
512	512	conclusion of law made by the administrative law judge, or may
513	513	vacate or modify an order issued by the administrative law judge in
514	514	the same manner as a state agency under Section 2001.058(e),
515	515	Government Code. If the district in its final order finds that a
516	516	desired future condition is unreasonable, the districts in the
517	517	management area shall reconvene in a joint planning meeting not
518	518	later than the 30th day after the date of the final order to revise
519	519	the desired future condition.
520	520	(j) A district's final order finding that a desired future
521	521	condition is unreasonable does not invalidate the desired future
522	522	condition for a district not subject to the petition.
523	523	(k) If the administrative law judge considers it
524	524	appropriate, the administrative law judge may consolidate hearings
525	525	requested under this section by two or more districts and shall
526	526	specify the location for the consolidated hearing from the possible
527	527	locations under Subsection (d). The administrative law judge shall
528	528	prepare separate findings of fact and conclusions of law for each
529	529	district included as a party in a multidistrict hearing.
530	530	Sec. 36.1084. COURT APPEAL OF DESIRED FUTURE CONDITION.
531	531	(a) A final district order under Section 36.1083 may be appealed to
532	532	a court under the substantial evidence standard of review as
533	533	provided by Section 2001.174, Government Code. The venue for an
534	534	appeal is a district court with jurisdiction over any part of the
535	535	territory in the management area that includes the district whose
536	536	final order is being appealed. If the court finds that a desired
537	537	future condition is unreasonable, the court shall strike the
538	538	desired future condition and order the districts in the management
539	539	area to reconvene in a joint planning meeting not later than the
540	540	30th day after the date of the court's decision to revise the
541	541	desired future condition.
542	542	(b) A court's finding under this section does not apply to a
543	543	desired future condition that is not a matter before the court.
544	544	(c) A petitioner may file a consolidated suit under this
545	545	section to appeal the final orders of two or more districts.
546	546	Sec. 36.1085. MANAGED AVAILABLE GROUNDWATER. (a) The
547	547	Texas Water Development Board shall require the [(l) A person with
548	548	a legally defined interest in the groundwater in the groundwater
549	549	management area, a district in or adjacent to the groundwater
550	550	management area, or a regional water planning group for a region in
551	551	the groundwater management area may file a petition with the
552	552	development board appealing the approval of the desired future
553	553	conditions of the groundwater resources established under this
554	554	section. The petition must provide evidence that the districts did
555	555	not establish a reasonable desired future condition of the
556	556	groundwater resources in the groundwater management area.
557	557	[(m) The development board shall review the petition and any
558	558	evidence relevant to the petition. The development board shall
559	559	hold at least one hearing at a central location in the management
560	560	area to take testimony on the petition. The development board may
561	561	delegate responsibility for a hearing to the executive
562	562	administrator or to a person designated by the executive
563	563	administrator. If the development board finds that the conditions
564	564	require revision, the development board shall submit a report to
565	565	the districts that includes a list of findings and recommended
566	566	revisions to the desired future conditions of the groundwater
567	567	resources.
568	568	[(n) The districts shall prepare a revised plan in
569	569	accordance with development board recommendations and hold, after
570	570	notice, at least one public hearing at a central location in the
571	571	groundwater management area. After consideration of all public and
572	572	development board comments, the districts shall revise the
573	573	conditions and submit the conditions to the development board for
574	574	review.
575	575	[(o) The] districts in a management area to [shall] submit
576	576	to the executive administrator not later than the 60th day after the
577	577	date on which the districts adopted desired future conditions under
578	578	Section 36.108(d-3):
579	579	(1) the desired future conditions adopted
580	580	[established] under Section 36.108;
581	581	(2) proof that notice was posted for the joint
582	582	planning meeting; and
583	583	(3) the desired future conditions explanatory report
584	584	[this section to the executive administrator].
585	585	(b) The executive administrator shall provide each district
586	586	and regional water planning group located wholly or partly in the
587	587	management area with the managed available groundwater in the
588	588	management area based upon the desired future conditions adopted by
589	589	the districts [condition of the groundwater resources established
590	590	under this section].
591	591	Sec. 36.1086. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each
592	592	district in the management area shall ensure that its management
593	593	plan contains goals and objectives consistent with achieving the
594	594	desired future conditions of the relevant aquifers as adopted
595	595	during the joint planning process.
596	596	Sec. 36.1087. JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT
597	597	AREA. [(p)] Districts located within the same [groundwater]
598	598	management areas or in adjacent management areas may contract to
599	599	jointly conduct studies or research, or to construct projects,
600	600	under terms and conditions that the districts consider beneficial.
601	601	These joint efforts may include studies of groundwater availability
602	602	and quality, aquifer modeling, and the interaction of groundwater
603	603	and surface water; educational programs; the purchase and sharing
604	604	of equipment; and the implementation of projects to make
605	605	groundwater available, including aquifer recharge, brush control,
606	606	weather modification, desalination, regionalization, and treatment
607	607	or conveyance facilities. The districts may contract under their
608	608	existing authorizations including those of Chapter 791, Government
609	609	Code, if their contracting authority is not limited by Sections
610	610	791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
611	611	SECTION 7. Section 36.207, Water Code, is amended to read as
612	612	follows:
613	613	Sec. 36.207. USE OF PRODUCTION [PERMIT] FEES AUTHORIZED BY
614	614	SPECIAL LAW. A district may use funds obtained from production
615	615	[permit] fees collected pursuant to the special law governing the
616	616	district for any purpose consistent with the district's approved
617	617	[certified water] management plan including, without limitation,
618	618	making grants, loans, or contractual payments to achieve,
619	619	facilitate, or expedite reductions in groundwater pumping or the
620	620	development or distribution of alternative water supplies.
621	621	SECTION 8. Section 36.301, Water Code, is amended to read as
622	622	follows:
623	623	Sec. 36.301. VIOLATIONS RELATED TO [FAILURE TO SUBMIT A]
624	624	MANAGEMENT PLAN. The commission shall take appropriate action
625	625	under Section 36.303 if:
626	626	(1) a district adopts or amends a rule in violation of
627	627	Section 36.1071(f-1);
628	628	(2) [If] a district [board] fails to submit a
629	629	management plan or to receive approval [certification] of the [its]
630	630	management plan under Section 36.1072;
631	631	(3) a district fails to timely readopt the management
632	632	plan or to submit the readopted management plan to the executive
633	633	administrator for approval in accordance with Section 36.1072(f);
634	634	(4) the executive administrator determines that a
635	635	readopted management plan does not meet the requirements for
636	636	approval, and the district has exhausted all appeals; or
637	637	(5) a district fails to submit or receive approval
638	638	[certification] of an amendment to the management plan under
639	639	Section 36.1073[, the commission shall take appropriate action
640	640	under Section 36.303].
641	641	SECTION 9. Section 36.3011, Water Code, is amended to read
642	642	as follows:
643	643	Sec. 36.3011. COMMISSION ACTION REGARDING [FAILURE OF]
644	644	DISTRICT DUTIES RELATED TO [CONDUCT] JOINT PLANNING. Not later
645	645	than the 45th day after receiving the review panel's report under
646	646	Section 36.1082 [36.108], the executive director or the commission
647	647	shall take action to implement any or all of the panel's
648	648	recommendations. The commission may take any action against a
649	649	district it considers necessary in accordance with Section 36.303
650	650	if the commission finds that:
651	651	(1) the district has failed to participate in the
652	652	joint planning process under Section 36.108 [a district has failed
653	653	to submit its plan to the executive administrator];
654	654	(2) the [a] district has failed to adopt rules;
655	655	(3) the district has failed to adopt the applicable
656	656	desired future conditions adopted by the management area at a joint
657	657	meeting;
658	658	(4) the district has failed to update its management
659	659	plan before the second anniversary of the adoption of desired
660	660	future conditions by the management area;
661	661	(5) the district has failed to update its rules to
662	662	implement the applicable desired future conditions before the first
663	663	anniversary of the date it updated its management plan with the
664	664	adopted desired future conditions;
665	665	(6) the rules adopted by the district are not designed
666	666	to achieve the desired future conditions adopted by [condition of
667	667	the groundwater resources in] the [groundwater] management area
668	668	during the joint planning process; [or]
669	669	(7) [(4)] the groundwater in the management area is
670	670	not adequately protected by the rules adopted by the district; [,]
671	671	or
672	672	(8) the groundwater in the management area is not
673	673	adequately protected because of the district's failure to enforce
674	674	substantial compliance with its rules.
675	675	SECTION 10. The notice provisions of Sections 36.063(b) and
676	676	(c), Water Code, as added by this Act, apply only to a meeting or
677	677	hearing of a groundwater conservation district or a joint planning
678	678	meeting of groundwater conservation districts held on or after the
679	679	effective date of this Act. A meeting or hearing held before the
680	680	effective date of this Act is subject to the notice provisions in
681	681	effect at the time of the meeting or hearing, and those provisions
682	682	are continued in effect for that purpose.
683	683	SECTION 11. The requirement that a groundwater conservation
684	684	district's management plan under Section 36.1071(e), Water Code, as
685	685	amended by this Act, include the desired future conditions adopted
686	686	under Section 36.108, Water Code, as amended by this Act, for
687	687	submission to the executive administrator of the Texas Water
688	688	Development Board before the plan is considered administratively
689	689	complete applies only to a district management plan submitted to
690	690	the executive administrator on or after the effective date of this
691	691	Act. A management plan submitted before the effective date of this
692	692	Act is governed by the law in effect on the date the plan was
693	693	submitted, and that law is continued in effect for that purpose.
694	694	SECTION 12. Section 36.1071, Water Code, as amended by this
695	695	Act, applies only to the rulemaking authority of a groundwater
696	696	conservation district related to a management plan or an amendment
697	697	to a management plan that is submitted by the district to the
698	698	executive administrator of the Texas Water Development Board for
699	699	review and approval on or after the effective date of this Act. A
700	700	district's rulemaking authority related to a management plan or an
701	701	amendment to a management plan that is submitted to the executive
702	702	administrator of the Texas Water Development Board before the
703	703	effective date of this Act is governed by the law in effect when the
704	704	management plan or amendment was submitted, and the former law is
705	705	continued in effect for that purpose.
706	706	SECTION 13. The procedures for the adoption and reporting
707	707	of desired future conditions of groundwater resources in a
708	708	management area under Section 36.108, Water Code, as amended by
709	709	this Act, and Section 36.1085, Water Code, as added by this Act,
710	710	apply only to the adoption of desired future conditions that occurs
711	711	on or after the effective date of this Act. Desired future
712	712	conditions adopted before the effective date of this Act are
713	713	governed by the law in effect on the date the desired future
714	714	conditions were adopted, and that law is continued in effect for
715	715	that purpose.
716	716	SECTION 14. A petition filed and pending on the effective
717	717	date of this Act before the Texas Water Development Board to appeal
718	718	the adoption of desired future conditions by a groundwater
719	719	management area under former Section 36.108(l), Water Code, shall
720	720	be handled by the Texas Water Development Board in compliance with
721	721	Sections 36.108(l), (m), and (n), Water Code, as those sections
722	722	existed before the effective date of this Act.
723	723	SECTION 15. The change in law made by this Act to Section
724	724	36.301, Water Code, applies only to a violation by a groundwater
725	725	conservation district that occurs on or after the effective date of
726	726	this Act. A violation that occurs before the effective date of this
727	727	Act is governed by the law in effect on the date the violation
728	728	occurred, and the former law is continued in effect for that
729	729	purpose.
730	730	SECTION 16. This Act takes effect September 1, 2011.