2017S0295-1 02/22/17
By: Perry S.B. No. 1053
A BILL TO BE ENTITLED
AN ACT
relating to an appeal of a desired future condition in a groundwater
management area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.10835, Water Code, is amended to read
as follows:
Sec. 36.10835. JUDICIAL APPEAL OF DESIRED FUTURE CONDITION
[CONDITIONS]. (a) In this section:
(1) "Affected person" means, with respect to the
management area in which the district is located:
(A) an owner of land in the management area;
(B) a groundwater conservation district or
subsidence district in or adjacent to the management area;
(C) a regional water planning group with a water
management strategy in the management area;
(D) a person who holds or is applying for a permit
from a district in the management area; or
(E) a person with a legally defined interest in
groundwater in the management area.
(2) "Development board" means the Texas Water
Development Board.
(3) "District" means a district that is a party to an
appeal under this section [A final district order issued under
Section 36.1083 may be appealed to a district court with
jurisdiction over any part of the territory of the district that
issued the order. An appeal under this subsection must be filed
with the district court not later than the 45th day after the date
the district issues the final order. The case shall be decided
under the substantial evidence standard of review as provided by
Section 2001.174, Government Code].
(b) A district's adoption of a desired future condition
under Section 36.108(d-4) may be appealed by an affected person to a
district court with jurisdiction over any part of the territory of
the district. An appeal must be filed with the district court not
later than the 120th day after the date of the adoption. The
pleadings must provide evidence that the desired future condition
adopted by the districts was unreasonable.
(c) Not later than the 10th day after receiving notice of
the appeal, the district shall submit a copy of the pleadings to the
development board. On receipt of the pleadings, the development
board shall conduct:
(1) an administrative review to determine whether the
desired future condition established by the district meets the
criteria in Section 36.108(d); and
(2) a study containing scientific and technical
analysis of the desired future condition, including consideration
of:
(A) the hydrogeology of the aquifer;
(B) the explanatory report provided to the
development board under Section 36.108(d-3);
(C) the factors described under Section
36.108(d); and
(D) any relevant:
(i) groundwater availability models;
(ii) published studies;
(iii) estimates of total recoverable
storage capacity;
(iv) average annual amounts of recharge,
inflows, and discharge of groundwater; or
(v) information provided in the petition or
available to the development board.
(d) Not later than the 120th day after the date of receiving
a copy of the pleadings, the development board shall complete and
deliver to the court the review and study required by Subsection
(c). The development board shall make available relevant staff as
expert witnesses if requested by the court.
(e) 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 was a party to the appeal [received the petition] to reconvene
not later than the 60th day after the date of the court order in a
joint planning meeting for the purpose of revising the desired
future condition. The districts in the management area shall
follow the procedures in Section 36.108 to adopt new desired future
conditions applicable to the district that was a party to the appeal
[received the petition].
(f) [(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 2. Section 36.1083, Water Code, is repealed.
SECTION 3. The change in law made by this Act applies to an
action filed on or after the effective date of this Act. An action
filed before the effective date of this Act is governed by the law
in effect on the date the action was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.