Texas 2017 - 85th Regular

Texas Senate Bill SB1053 Compare Versions

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

Old	New	Differences
1	1	2017S0295-1 02/22/17
2	2	By: Perry S.B. No. 1053
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an appeal of a desired future condition in a groundwater
8	8	management area.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 36.10835, Water Code, is amended to read
11	11	as follows:
12	12	Sec. 36.10835. JUDICIAL APPEAL OF DESIRED FUTURE CONDITION
13	13	[CONDITIONS]. (a) In this section:
14	14	(1) "Affected person" means, with respect to the
15	15	management area in which the district is located:
16	16	(A) an owner of land in the management area;
17	17	(B) a groundwater conservation district or
18	18	subsidence district in or adjacent to the management area;
19	19	(C) a regional water planning group with a water
20	20	management strategy in the management area;
21	21	(D) a person who holds or is applying for a permit
22	22	from a district in the management area; or
23	23	(E) a person with a legally defined interest in
24	24	groundwater in the management area.
25	25	(2) "Development board" means the Texas Water
26	26	Development Board.
27	27	(3) "District" means a district that is a party to an
28	28	appeal under this section [A final district order issued under
29	29	Section 36.1083 may be appealed to a district court with
30	30	jurisdiction over any part of the territory of the district that
31	31	issued the order. An appeal under this subsection must be filed
32	32	with the district court not later than the 45th day after the date
33	33	the district issues the final order. The case shall be decided
34	34	under the substantial evidence standard of review as provided by
35	35	Section 2001.174, Government Code].
36	36	(b) A district's adoption of a desired future condition
37	37	under Section 36.108(d-4) may be appealed by an affected person to a
38	38	district court with jurisdiction over any part of the territory of
39	39	the district. An appeal must be filed with the district court not
40	40	later than the 120th day after the date of the adoption. The
41	41	pleadings must provide evidence that the desired future condition
42	42	adopted by the districts was unreasonable.
43	43	(c) Not later than the 10th day after receiving notice of
44	44	the appeal, the district shall submit a copy of the pleadings to the
45	45	development board. On receipt of the pleadings, the development
46	46	board shall conduct:
47	47	(1) an administrative review to determine whether the
48	48	desired future condition established by the district meets the
49	49	criteria in Section 36.108(d); and
50	50	(2) a study containing scientific and technical
51	51	analysis of the desired future condition, including consideration
52	52	of:
53	53	(A) the hydrogeology of the aquifer;
54	54	(B) the explanatory report provided to the
55	55	development board under Section 36.108(d-3);
56	56	(C) the factors described under Section
57	57	36.108(d); and
58	58	(D) any relevant:
59	59	(i) groundwater availability models;
60	60	(ii) published studies;
61	61	(iii) estimates of total recoverable
62	62	storage capacity;
63	63	(iv) average annual amounts of recharge,
64	64	inflows, and discharge of groundwater; or
65	65	(v) information provided in the petition or
66	66	available to the development board.
67	67	(d) Not later than the 120th day after the date of receiving
68	68	a copy of the pleadings, the development board shall complete and
69	69	deliver to the court the review and study required by Subsection
70	70	(c). The development board shall make available relevant staff as
71	71	expert witnesses if requested by the court.
72	72	(e) If the court finds that a desired future condition is
73	73	unreasonable, the court shall strike the desired future condition
74	74	and order the districts in the same management area as the district
75	75	that was a party to the appeal [received the petition] to reconvene
76	76	not later than the 60th day after the date of the court order in a
77	77	joint planning meeting for the purpose of revising the desired
78	78	future condition. The districts in the management area shall
79	79	follow the procedures in Section 36.108 to adopt new desired future
80	80	conditions applicable to the district that was a party to the appeal
81	81	[received the petition].
82	82	(f) [(b)] A court's finding under this section does not
83	83	apply to a desired future condition that is not a matter before the
84	84	court.
85	85	SECTION 2. Section 36.1083, Water Code, is repealed.
86	86	SECTION 3. The change in law made by this Act applies to an
87	87	action filed on or after the effective date of this Act. An action
88	88	filed before the effective date of this Act is governed by the law
89	89	in effect on the date the action was filed, and the former law is
90	90	continued in effect for that purpose.
91	91	SECTION 4. This Act takes effect September 1, 2017.