| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to the consideration of modeled sustainable groundwater |
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| 10 | 8 | | pumping in the adoption of desired future conditions in groundwater |
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| 11 | 9 | | conservation districts. |
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| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 11 | | SECTION 1. Section 36.001, Water Code, is amended by adding |
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| 14 | 12 | | Subdivision (32) to read as follows: |
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| 15 | 13 | | (32) "Modeled sustainable groundwater pumping" means |
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| 16 | 14 | | the maximum amount of groundwater that the executive administrator |
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| 17 | 15 | | determines may be produced in perpetuity from an aquifer on an |
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| 18 | 16 | | annual basis using the best available science. |
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| 19 | 17 | | SECTION 2. Section 36.108, Water Code, is amended by |
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| 20 | 18 | | amending Subsection (d) and adding Subsection (d-6) to read as |
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| 21 | 19 | | follows: |
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| 22 | 20 | | (d) Not later than September 1, 2010, and every five years |
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| 23 | 21 | | thereafter, the districts shall consider groundwater availability |
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| 24 | 22 | | models and other data or information for the management area and |
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| 25 | 23 | | shall propose for adoption desired future conditions for the |
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| 26 | 24 | | relevant aquifers within the management area. Before voting on the |
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| 27 | 25 | | proposed desired future conditions of the aquifers under Subsection |
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| 28 | 26 | | (d-2), the districts shall consider: |
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| 29 | 27 | | (1) aquifer uses or conditions within the management |
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| 30 | 28 | | area, including conditions that differ substantially from one |
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| 31 | 29 | | geographic area to another; |
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| 32 | 30 | | (2) the water supply needs and water management |
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| 33 | 31 | | strategies included in the state water plan; |
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| 34 | 32 | | (3) hydrological conditions, including for each |
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| 35 | 33 | | aquifer in the management area the total estimated recoverable |
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| 36 | 34 | | storage and modeled sustainable groundwater pumping as provided by |
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| 37 | 35 | | the executive administrator, and the average annual recharge, |
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| 38 | 36 | | inflows, and discharge; |
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| 39 | 37 | | (4) other environmental impacts, including impacts on |
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| 40 | 38 | | spring flow and other interactions between groundwater and surface |
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| 41 | 39 | | water; |
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| 42 | 40 | | (5) the impact on subsidence; |
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| 43 | 41 | | (6) socioeconomic impacts reasonably expected to |
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| 44 | 42 | | occur; |
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| 45 | 43 | | (7) the impact on the interests and rights in private |
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| 46 | 44 | | property, including ownership and the rights of management area |
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| 47 | 45 | | landowners and their lessees and assigns in groundwater as |
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| 48 | 46 | | recognized under Section 36.002; |
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| 49 | 47 | | (8) the feasibility of achieving the desired future |
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| 50 | 48 | | condition; and |
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| 51 | 49 | | (9) any other information relevant to the specific |
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| 52 | 50 | | desired future conditions. |
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| 53 | 51 | | (d-6) Notwithstanding Subsection (d)(3), the executive |
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| 54 | 52 | | administrator may not calculate the modeled sustainable |
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| 55 | 53 | | groundwater pumping for an aquifer located in a management area |
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| 56 | 54 | | that wholly or partly overlies an aquifer with a recharge rate such |
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| 57 | 55 | | that an owner of land that overlies the aquifer qualifies under |
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| 58 | 56 | | federal tax law for a cost depletion deduction for the groundwater |
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| 59 | 57 | | withdrawn from the aquifer for irrigation purposes. |
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| 60 | 58 | | SECTION 3. This Act takes effect September 1, 2017. |
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