Texas 2019 - 86th Regular

Texas Senate Bill SB1010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 1010
	2	+	(In the Senate - Filed February 22, 2019; March 1, 2019,
	3	+	read first time and referred to Committee on Water & Rural Affairs;
	4	+	April 1, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; April 1, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1010 By: Perry
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to rules adopted by groundwater conservation districts
7	14		overlying a common aquifer.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 36.101, Water Code, is amended by adding
10	17		Subsections (a-2) and (a-3) to read as follows:
11	18		(a-2) Except as provided by this subsection, a district that
12	19		overlies a common aquifer and is in a groundwater management area
13	20		with one or more districts that regulate levels of groundwater
14	21		production similar to the level the district regulates may not make
15	22		or enforce a rule under Subsection (a) unless the rule is similar to
16	23		a rule made or enforced under Subsection (a) by the other district
17	24		or districts that overlie the aquifer and are in the groundwater
18	25		management area. The district may make or enforce a rule that is
19	26		not similar to a rule made or enforced by the other district or
20	27		districts only if the district:
21	28		(1) is authorized by other law specifically to make or
22	29		enforce the rule; or
23	30		(2) provides in the district's management plan
24	31		developed under Section 36.1071 an explanation of the district's
25	32		reasoning to support its making or enforcing the rule.
26	33		(a-3) A new district that overlies a common aquifer and is
27	34		in a groundwater management area with one or more districts shall
28	35		notify the district or districts of rules made by the new district.
29	36		Not later than the 60th day after the date the new district makes
30	37		the rules, each district that overlies the common aquifer and is in
31	38		a groundwater management area with the new district shall, as
32	39		necessary to comply with Subsection (a-2), update the district's
33	40		management plan with an explanation of the district's reasoning to
34	41		support its enforcement of existing district rules.
35	42		SECTION 2. Section 36.1071(e), Water Code, is amended to
36	43		read as follows:
37	44		(e) In the management plan described under Subsection (a),
38	45		the district shall:
39	46		(1) identify the performance standards and management
40	47		objectives under which the district will operate to achieve the
41	48		management goals identified under Subsection (a);
42	49		(2) specify, in as much detail as possible, the
43	50		actions, procedures, performance, and avoidance that are or may be
44	51		necessary to effect the plan, including specifications and proposed
45	52		rules;
46	53		(3) include estimates of the following:
47	54		(A) modeled available groundwater in the
48	55		district based on the desired future condition established under
49	56		Section 36.108;
50	57		(B) the amount of groundwater being used within
51	58		the district on an annual basis;
52	59		(C) the annual amount of recharge from
53	60		precipitation, if any, to the groundwater resources within the
54	61		district;
55	62		(D) for each aquifer, the annual volume of water
56	63		that discharges from the aquifer to springs and any surface water
57	64		bodies, including lakes, streams, and rivers;
58	65		(E) the annual volume of flow into and out of the
59	66		district within each aquifer and between aquifers in the district,
60	67		if a groundwater availability model is available;
61	68		(F) the projected surface water supply in the
62	69		district according to the most recently adopted state water plan;
63	70		and
64	71		(G) the projected total demand for water in the
65	72		district according to the most recently adopted state water plan;
66	73		[and]
67	74		(4) consider the water supply needs and water
68	75		management strategies included in the adopted state water plan; and
69	76		(5) if applicable under Section 36.101(a-2), explain
70	77		the district's reasoning to support its making or enforcing under
71	78		Section 36.101(a) a rule that is not similar to a rule made or
72	79		enforced by another district described by Section 36.101(a-2).
73	80		SECTION 3. A groundwater conservation district described by
74	81		Section 36.101(a-2), Water Code, as added by this Act, shall
75	82		evaluate the existing rules of the district for compliance with
76	83		that section. Not later than December 1, 2019, if an existing rule
77	84		does not comply with Section 36.101(a-2), Water Code, as added by
78	85		this Act, and is not otherwise authorized by law, the groundwater
79	86		conservation district shall update the district's management plan
80	87		to include an explanation of the district's reasoning to support
81	88		its enforcing the rule as required by that section.
82	89		SECTION 4. This Act takes effect September 1, 2019.
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