Texas 2017 - 85th Regular

Texas House Bill HB3037 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11342 SLB-D
2	2	By: Workman H.B. No. 3037
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the definition of groundwater management areas to
8	8	coincide with major and minor aquifers and the joint planning
9	9	process in those areas.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 35.004(a), Water Code, is amended to
12	12	read as follows:
13	13	(a) The Texas Water Development Board, with assistance and
14	14	cooperation from the commission, shall designate groundwater
15	15	management areas so that each major aquifer and each minor aquifer
16	16	in this state is assigned to a groundwater management area
17	17	designated solely for that aquifer [covering all major and minor
18	18	aquifers in the state. The initial designation of groundwater
19	19	management areas shall be completed not later than September 1,
20	20	2003. Each groundwater management area shall be designated with the
21	21	objective of providing the most suitable area for the management of
22	22	the groundwater resources. To the extent feasible, the groundwater
23	23	management area shall coincide with the boundaries of a groundwater
24	24	reservoir or a subdivision of a groundwater reservoir. The Texas
25	25	Water Development Board also may consider other factors, including
26	26	the boundaries of political subdivisions].
27	27	SECTION 2. Sections 36.108(c), (d), and (d-1), Water Code,
28	28	are amended to read as follows:
29	29	(c) The district representatives shall meet at least
30	30	annually to conduct joint planning with the other districts in each
31	31	[the] management area to which the district belongs and to review
32	32	the management plans, the accomplishments of the management area,
33	33	and proposals to adopt new or amend existing desired future
34	34	conditions. In reviewing the management plans, the districts
35	35	shall consider:
36	36	(1) the goals of each management plan and its impact on
37	37	planning throughout the management area;
38	38	(2) the effectiveness of the measures established by
39	39	each district's management plan for conserving and protecting
40	40	groundwater and preventing waste, and the effectiveness of these
41	41	measures in the management area generally;
42	42	(3) any other matters that the boards consider
43	43	relevant to the protection and conservation of groundwater and the
44	44	prevention of waste in the management area; and
45	45	(4) the degree to which each management plan achieves
46	46	the desired future conditions established during the joint planning
47	47	process.
48	48	(d) Not later than August 1, 2020 [September 1, 2010], and
49	49	every five years thereafter, the districts shall consider
50	50	groundwater availability models and other data or information for
51	51	the management area and shall propose for adoption desired future
52	52	conditions for the aquifer [relevant aquifers] within the
53	53	management area. Before voting on the proposed desired future
54	54	conditions of the aquifer [aquifers] under Subsection (d-2), the
55	55	districts shall consider:
56	56	(1) aquifer uses or conditions within the management
57	57	area, including conditions that differ substantially from one
58	58	geographic area to another;
59	59	(2) the water supply needs and water management
60	60	strategies included in the state water plan;
61	61	(3) hydrological conditions, including [for each
62	62	aquifer in the management area] the total estimated recoverable
63	63	storage for the aquifer as provided by the executive administrator,
64	64	and the aquifer's average annual recharge, inflows, and discharge;
65	65	(4) other environmental impacts, including impacts on
66	66	spring flow and other interactions between groundwater and surface
67	67	water;
68	68	(5) the impact on subsidence;
69	69	(6) socioeconomic impacts reasonably expected to
70	70	occur;
71	71	(7) the impact on the interests and rights in private
72	72	property, including ownership and the rights of management area
73	73	landowners and their lessees and assigns in groundwater as
74	74	recognized under Section 36.002;
75	75	(8) the feasibility of achieving the desired future
76	76	condition; and
77	77	(9) any other information relevant to the specific
78	78	desired future conditions.
79	79	(d-1) After considering and documenting the factors
80	80	described by Subsection (d) and other relevant scientific and
81	81	hydrogeological data, the districts may establish different
82	82	desired future conditions for:
83	83	(1) each [aquifer,] subdivision of an aquifer[,] or
84	84	geologic strata located in whole or in part within the area
85	85	overlying the aquifer [boundaries of the management area]; or
86	86	(2) each geographic area overlying the [an] aquifer
87	87	[in whole or in part or subdivision of an aquifer within the
88	88	boundaries of the management area].
89	89	SECTION 3. Section 36.1085, Water Code, is amended to read
90	90	as follows:
91	91	Sec. 36.1085. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each
92	92	district in the management area shall ensure that its management
93	93	plan contains goals and objectives consistent with achieving the
94	94	desired future conditions for the aquifer [of the relevant
95	95	aquifers] as adopted during the joint planning process.
96	96	SECTION 4. Section 35.004(b), Water Code, is repealed.
97	97	SECTION 5. Not later than May 1, 2018, the Texas Water
98	98	Development Board shall designate groundwater management areas
99	99	under Section 35.004, Water Code, as amended by this Act.
100	100	SECTION 6. This Act takes effect September 1, 2017.