85R10407 SLB-F
By: Creighton S.B. No. 1528
A BILL TO BE ENTITLED
AN ACT
relating to the joint planning process for groundwater management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.053(e), Water Code, as amended by
Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts
of the 84th Legislature, Regular Session, 2015, is reenacted and
amended to read as follows:
(e) Each regional water planning group shall submit to the
development board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the development board under Section
16.051(d);
(2) provides information based on data provided or
approved by the development board in a format consistent with the
guidelines provided by the development board under Subsection (d);
(2-a) is consistent with the desired future conditions
adopted under Section 36.108 for the relevant aquifers located in
the regional water planning area as of the most recent deadline for
[date] the board to adopt the [most recently adopted a] state water
plan under Section 16.051 or, at the option of the regional water
planning group, established subsequent to the adoption of the most
recent plan; provided, however, that if no groundwater conservation
district exists within the area of the regional water planning
group, the regional water planning group shall determine the supply
of groundwater for regional planning purposes; the Texas Water
Development Board shall review and approve, prior to inclusion in
the regional water plan, that the groundwater supply for the
regional planning group without a groundwater conservation
district in its area is physically compatible, using the board's
groundwater availability models, with the desired future
conditions adopted under Section 36.108 for the relevant aquifers
in the groundwater management area that are regulated by
groundwater conservation districts;
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
executive administrator on the amount of modeled available
groundwater in accordance with the guidelines provided by the
development board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response;
(C) actions to be taken as part of the response;
and
(D) existing major water infrastructure
facilities that may be used for interconnections in the event of an
emergency shortage of water;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region and potential
impacts on public health, safety, or welfare in this state;
(B) approved groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements;
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder; and
(J) opportunities for and the benefits of
developing large-scale desalination facilities for:
(i) marine seawater that serve local or
regional entities; and
(ii) [(J) opportunities for and the
benefits of developing large-scale desalination facilities for]
seawater or brackish groundwater that serve local or regional
brackish groundwater production zones identified and designated
under Section 16.060(b)(5);
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists;
(8) describes the impact of proposed water projects on
water quality; and
(9) includes information on:
(A) projected water use and conservation in the
regional water planning area; and
(B) the implementation of state and regional
water plan projects, including water conservation strategies,
necessary to meet the state's projected water demands.
SECTION 2. Section 36.108(a), Water Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Management area planning group" means the group
described by Subsection (b-1).
SECTION 3. Section 36.108, Water Code, is amended by adding
Subsections (b-1), (b-2), and (f) and amending Subsections (c),
(d), (d-1), (d-2), (d-3), and (d-4) to read as follows:
(b-1) The management area planning group consists of:
(1) the district representatives as voting members;
and
(2) the members added to the group under Subsection
(b-2).
(b-2) The district representatives may add a voting or
nonvoting member to the management area planning group by a written
resolution adopted by a two-thirds vote of the district
representatives. The resolution must describe the scope of voting
authority for each member added to the management area planning
group.
(c) The management area planning group [district
representatives] shall meet at least annually to conduct joint
planning [with the other districts in the management area] and to
review the management plans, the accomplishments of the management
area, and proposals to adopt new or amend existing desired future
conditions. In reviewing the management plans, the management area
planning group [districts] shall consider:
(1) the goals of each management plan and its impact on
planning throughout the management area;
(2) the effectiveness of the measures established by
each district's management plan for conserving and protecting
groundwater and preventing waste, and the effectiveness of these
measures in the management area generally;
(3) any other matters that the boards consider
relevant to the protection and conservation of groundwater and the
prevention of waste in the management area; and
(4) the degree to which each management plan achieves
the desired future conditions established during the joint planning
process.
(d) Not later than May 1, 2021 [September 1, 2010], and
every five years thereafter, the management area planning group
[districts] shall consider groundwater availability models and
other data or information for the management area and shall propose
for adoption desired future conditions for the relevant aquifers
within the management area. Before voting on the proposed desired
future conditions of the aquifers under Subsection (d-2), the
management area planning group [districts] shall consider:
(1) aquifer uses or conditions within the management
area, including conditions that differ substantially from one
geographic area to another;
(2) the water supply needs and water management
strategies included in the state water plan;
(3) hydrological conditions, including for each
aquifer in the management area the total estimated recoverable
storage as provided by the executive administrator, and the average
annual recharge, inflows, and discharge;
(4) other environmental impacts, including impacts on
spring flow and other interactions between groundwater and surface
water;
(5) the impact on subsidence;
(6) socioeconomic impacts reasonably expected to
occur;
(7) the impact on the interests and rights in private
property, including ownership and the rights of management area
landowners and their lessees and assigns in groundwater as
recognized under Section 36.002;
(8) the feasibility of achieving the desired future
condition; and
(9) any other information relevant to the specific
desired future conditions.
(d-1) After considering and documenting the factors
described by Subsection (d) and other relevant scientific and
hydrogeological data, the management area planning group
[districts] may establish different desired future conditions for:
(1) each aquifer, subdivision of an aquifer, or
geologic strata located in whole or in part within the boundaries of
the management area; or
(2) each geographic area overlying an aquifer in whole
or in part or subdivision of an aquifer within the boundaries of the
management area.
(d-2) The desired future conditions proposed under
Subsection (d) must provide a balance between the highest
practicable level of groundwater production and the conservation,
preservation, protection, recharging, and prevention of waste of
groundwater and control of subsidence in the management area. This
subsection does not prohibit the establishment of desired future
conditions that provide for the reasonable long-term management of
groundwater resources consistent with the management goals under
Section 36.1071(a). The desired future conditions proposed under
Subsection (d) must be approved by a two-thirds vote of [all] the
voting members of the management area planning group [district
representatives] for distribution to the districts in the
management area. A period of not less than 90 days for public
comments begins on the day the proposed desired future conditions
are mailed to the districts. During the public comment period and
after posting notice as required by Section 36.063, each district
shall hold a public hearing on any proposed desired future
conditions relevant to that district. During the public comment
period, the district shall make available in its office a copy of
the proposed desired future conditions and any supporting
materials, such as the documentation of factors considered under
Subsection (d) and groundwater availability model run results.
After the close of the public comment period [hearing], the
district shall compile for consideration at the next joint planning
meeting a summary of relevant comments received, any suggested
revisions to the proposed desired future conditions, and the basis
for the revisions.
(d-3) After [the earlier of the date on which] all the
districts have submitted their district summaries [or the
expiration of the public comment period under Subsection (d-2)],
the management area planning group [district representatives]
shall reconvene to review the reports, consider any district's
suggested revisions to the proposed desired future conditions, and
finally adopt the desired future conditions for the management
area. The desired future conditions must be approved by [adopted
as] a resolution adopted by a two-thirds vote of [all] the voting
members of the management area planning group [district
representatives]. The management area planning group [district
representatives] shall produce a desired future conditions
explanatory report for the management area and submit to the
development board and each district in the management area proof
that notice was posted for the joint planning meeting, a copy of the
resolution, and a copy of the explanatory report. The report must:
(1) identify each desired future condition;
(2) provide the policy and technical justifications
for each desired future condition;
(3) include documentation that the factors under
Subsection (d) were considered by the management area planning
group [districts] and a discussion of how the adopted desired
future conditions impact each factor;
(4) list other desired future condition options
considered, if any, and the reasons why those options were not
adopted; and
(5) discuss reasons why recommendations made by
advisory committees and relevant public comments received by the
districts were or were not incorporated into the desired future
conditions.
(d-4) After [As soon as possible after] a district receives
notification from the Texas Water Development Board that the
desired future conditions resolution and explanatory report under
Subsection (d-3) is administratively complete, the district shall
adopt the applicable desired future conditions in the resolution
and report not later than January 5, 2022, and every five years
thereafter [that apply to the district].
(f) At least once during every five-year period for the
development and adoption of desired future conditions and not less
than three years or more than four years before the deadline for
adoption of the desired future conditions, the management area
planning group shall hold a public meeting for the purpose of
receiving recommendations for desired future conditions from the
joint planning advisory committee created under Section 36.1081.
The management area planning group shall coordinate with the joint
planning advisory committee to schedule the meeting.
SECTION 4. Section 36.1081, Water Code, is amended to read
as follows:
Sec. 36.1081. TECHNICAL STAFF AND [SUBCOMMITTEES FOR] JOINT
PLANNING ADVISORY COMMITTEE. (a) On request, the commission and
the Texas Water Development Board shall make technical staff
available to serve in a nonvoting advisory capacity to assist the
management area planning group and the joint planning advisory
committee with the development of desired future conditions during
the joint planning process under Section 36.108.
(b) In this section:
(1) "Management area planning group" has the meaning
assigned by Section 36.108.
(2) "Regional water planning group" means a group
created under Section 16.053.
(c) During the joint planning process under Section 36.108,
the management area planning group and the presiding officer of
each regional water planning group located wholly or partly in the
management area shall [district representatives may] appoint a
joint planning [and convene nonvoting] advisory committee of
persons to represent the interests described by Section 16.053(c)
[subcommittees who represent social, governmental, environmental,
or economic interests to assist in the development of desired
future conditions].
(d) The presiding officer of each regional water planning
group located wholly or partly in the management area shall provide
written notification to the management area planning group of:
(1) whether the officer or the officer's designee will
serve on the joint planning advisory committee; and
(2) which interest described by Section 16.053(c) the
officer or the officer's designee represents.
(e) After the management area planning group receives a
notification under Subsection (d) from each regional water planning
group that is located wholly or partly in the management area, the
management area planning group shall appoint additional members of
the joint planning advisory committee:
(1) in a manner that ensures the greatest
representation of the interests described by Section 16.053(c); and
(2) to the extent that the management area planning
group is able to identify qualified people willing to serve on the
committee.
(f) The management area planning group shall provide notice
in the manner described by Section 36.108(e) that describes:
(1) the purpose of the joint planning advisory
committee; and
(2) the process by which a person may submit
nominations to the committee.
(g) On request by the management area planning group, the
Texas Water Development Board shall provide assistance in
soliciting additional members of the joint planning advisory
committee.
(h) Members of the joint planning advisory committee are not
required to reside in the management area or a regional water
planning area that is located wholly or partly in the management
area.
(i) The joint planning advisory committee may adopt written
bylaws to govern the committee's performance of its duties.
(j) A vacancy on the joint planning advisory committee shall
be filled by the regional water planning group presiding officer or
designee or the management area planning group that appointed the
person whose position is vacant.
(k) The joint planning advisory committee is not subject to
the provisions of Chapters 551 and 552, Government Code.
SECTION 5. Section 36.108(d-5), Water Code, is repealed.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. (a) Not later than the 120th day after the
effective date of this Act, each regional water planning group
described by Section 16.053, Water Code, as reenacted and amended
by this Act, shall appoint a joint planning advisory committee as
provided by Section 36.1081, Water Code, as amended by this Act.
(b) Not later than the 180th day after the date that the
final appointment is made under Subsection (a) of this section for a
joint planning advisory committee, the management area planning
group described by Section 36.108, Water Code, as amended by this
Act, for that joint planning advisory committee shall appoint
additional members to the joint planning advisory committee as
provided by Section 36.1081, Water Code, as amended by this Act.
(c) Not earlier than July 1, 2019, and not later than
November 1, 2019, a joint planning advisory committee described by
Section 36.1081, Water Code, as amended by this Act, shall make its
recommendations to the management area planning group that
appointed the members of that joint planning advisory committee.
(d) This section expires December 31, 2019.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.