84R15264 SLB-F
By: Keffer H.B. No. 200
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.0015, Water Code, is amended to read
as follows:
Sec. 36.0015. PURPOSE. In order to provide for the
conservation, preservation, protection, recharging, and prevention
of waste of groundwater, and of groundwater reservoirs or their
subdivisions, and to control subsidence caused by withdrawal of
water from those groundwater reservoirs or their subdivisions,
consistent with the objectives of Section 59, Article XVI, Texas
Constitution, groundwater conservation districts may be created as
provided by this chapter. Groundwater conservation districts
created as provided by this chapter are the state's preferred
method of groundwater management in order to protect property
rights, balance the development and conservation of groundwater to
meet the needs of this state, and use the best available science in
the development of groundwater through rules developed, adopted,
and promulgated by a district in accordance with the provisions of
this chapter.
SECTION 2. The heading to Section 36.1083, Water Code, is
amended to read as follows:
Sec. 36.1083. APPEAL OF DESIRED FUTURE CONDITIONS:
CONTESTED CASE.
SECTION 3. Section 36.1083, Water Code, is amended by
amending Subsections (a) and (b) and adding Subsections (e) through
(m) to read as follows:
(a) In this section:
(1) "Affected person" has the meaning assigned by
Section 36.1082.
(2) "Development [, "development] board" means the
Texas Water Development Board.
(3) "Office" means the State Office of Administrative
Hearings.
(b) Not later than the 120th day after the date on which a
district adopts a desired future condition under Section
36.108(d-4), an affected [A] person [with a legally defined
interest in the groundwater in the management area, a district in or
adjacent to the management area, or a regional water planning group
for a region in the management area] may file a petition with the
development board requesting that the development board contract
with the office to conduct a contested case hearing on the matter of
appealing the approval of the desired future condition. The matter
referred for hearing may include as an issue the reasonableness of
the desired future condition, but may not include as an issue a
reason for an inquiry described by Section 36.1082(b) [conditions
of the groundwater resources established under this section. The
petition must provide evidence that the districts did not establish
a reasonable desired future condition of the groundwater resources
in the management area].
(e) Not later than the 45th day after the date of the
deadline for filing a petition under Subsection (b), the
development board shall:
(1) contract with the office to conduct the contested
case hearing requested under Subsection (b); and
(2) submit to the office a copy of any petitions
related to the hearing requested under Subsection (b) and received
by the development board.
(f) During the period between the filing of the petition and
the actions described by Subsection (e), the development board may
facilitate coordination between the petitioner and the district to
resolve the issues raised in the petition. If the petitioner and
the district cannot resolve the issues raised in the petition, a
hearing must be conducted in accordance with Chapter 2001,
Government Code, and rules of the development board and the office.
(g) The development board may adopt rules for notice and
procedures for hearings conducted under this section. Rules
adopted under this section must provide for the development board
to provide general notice of the hearing to the public and
individual notice of the hearing to the participants, including the
district, the petitioner, a party to the hearing identified under
Subsection (h)(3), the commission, and each nonparty district and
regional planning group in the same management area as the district
that is a party to the hearing.
(h) Before a hearing conducted under this section, the
office shall hold a prehearing conference to determine preliminary
matters, including:
(1) whether the petition should be dismissed for
failure to state a claim on which relief can be granted;
(2) whether a person seeking to participate in the
hearing is an affected person who is eligible to participate; and
(3) which persons shall be named as parties to the
hearing.
(i) The petitioner shall pay the costs of the contract with
the office to conduct the hearing under this section. The
petitioner shall pay to the development board an amount sufficient
to pay the contract amount before the hearing begins. After the
hearing, the development board shall assess costs to one or more of
the parties participating in the hearing and shall refund any
excess money to the petitioner. The development board shall adopt
rules for the manner of payment. The development board shall
consider the following in apportioning costs of the hearing:
(1) the party who requested the hearing;
(2) the party who prevailed in the hearing;
(3) the financial ability of the party to pay the
costs;
(4) the extent to which the party participated in the
hearing; and
(5) any other factor relevant to a just and reasonable
assessment of costs.
(j) On receipt of the administrative law judge's findings of
fact and conclusions of law in a proposal for decision, including a
dismissal of a petition under Subsection (h), the development board
shall issue a final order stating the development board's decision
on the contested matter and the development board's findings of
fact and conclusions of law. The development board may change a
finding of fact or conclusion of law made by the administrative law
judge, or may vacate or modify an order issued by the administrative
law judge, as provided by Section 2001.058(e), Government Code.
(k) If the development board in its final order finds that a
desired future condition is unreasonable, the districts in the same
management area as the district that participated in the hearing
shall reconvene in a joint planning meeting not later than the 30th
day after the date of the final order for the purpose of revising
the desired future condition.
(l) A final order by the development board described by
Subsection (k) does not automatically invalidate the adoption of a
desired future condition by a district that was not a party to the
hearing conducted under this section.
(m) The administrative law judge may consolidate hearings
requested under this section that affect two or more districts. The
administrative law judge shall prepare separate findings of fact
and conclusions of law for each district included as a party in a
multidistrict hearing.
SECTION 4. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.10835 to read as follows:
Sec. 36.10835. JUDICIAL APPEAL OF DESIRED FUTURE
CONDITIONS. (a) A final order issued under Section 36.1083 may be
appealed to the district court in Travis County under the
substantial evidence standard of review as provided by Section
2001.174, Government Code. If the court finds that a desired future
condition is unreasonable, the court shall strike the desired
future condition and order the districts in the same management
area as the district that participated in the hearing to reconvene
in a joint planning meeting not later than the 30th day after the
date of the court order for the purpose of revising the desired
future condition.
(b) A court's finding under this section does not apply to a
desired future condition that is not a matter before the court.
SECTION 5. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1145 to read as follows:
Sec. 36.1145. APPEAL OF PERMIT OR PERMIT AMENDMENT DENIAL.
(a) In this section, "development board" means the Texas Water
Development Board.
(b) An applicant for a permit or permit amendment or a
person who participated as a party in a permit or permit amendment
hearing before the district may file a petition with the
development board to request an appeal of an action by a district on
an application for a permit or permit amendment submitted under
Section 36.113 or 36.114. The petitioner must state the basis for
the appeal.
(c) In response to a petition under this section, the
development board shall hold at least one hearing at a central
location in the district to take testimony on the petition. The
development board may delegate responsibility for a hearing to the
executive administrator or to a person designated by the executive
administrator.
(d) The development board shall review the petition,
testimony at the hearing, and evidence presented by the parties and
shall consider:
(1) only issues raised before the district during the
permit or permit amendment process; and
(2) whether the district's actions in regard to the
permit or permit amendment are consistent with Section 36.1132.
(e) After review under Subsection (d), the development
board shall issue its findings and recommendations regarding the
permit or permit amendment.
(f) On receipt of the development board's findings and
recommendations, the district shall reconsider action on the permit
or permit amendment, giving consideration to the development
board's findings and recommendations and district rules, and issue
a final decision on the permit or permit amendment.
(g) An applicant may appeal a final decision issued under
Subsection (f) by filing suit against the district as provided by
Section 36.251.
(h) Chapter 2001, Government Code, does not apply to a
petition filed under this section or to a hearing held under this
section.
(i) The development board may adopt rules to implement this
section.
SECTION 6. Sections 36.1083(c) and (d), Water Code, are
repealed.
SECTION 7. (a) Section 36.1083, Water Code, as amended by
this Act, and Section 36.10835, Water Code, as added by this Act,
apply only to a desired future condition adopted by a groundwater
conservation district on or after the effective date of this Act. A
desired future condition adopted before that date is governed by
the law in effect on the date the desired future condition was
adopted, and the former law is continued in effect for that purpose.
(b) Section 36.1145, Water Code, as added by this Act,
applies only to a permit or permit amendment application submitted
to a groundwater conservation district on or after the effective
date of this Act. A permit or permit amendment application
submitted before that date is governed by the law in effect on the
date the permit or permit amendment application was submitted, and
the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2015.