87R11475 ANG-F
By: Lucio III H.B. No. 2851
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of modeled sustainable groundwater
pumping in the adoption of desired future conditions in groundwater
conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.001, Water Code, is amended by adding
Subdivision (32) to read as follows:
(32) "Modeled sustainable groundwater pumping" means
the maximum amount of groundwater that the executive administrator
determines may be produced in perpetuity from an aquifer on an
annual basis using the best available science.
SECTION 2. Section 36.108, Water Code, is amended by
amending Subsection (d) and adding Subsection (d-5) to read as
follows:
(d) Not later than May 1, 2021, and every five years
thereafter, the 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 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 and modeled sustainable groundwater pumping 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-5) Notwithstanding Subsection (d)(3), the executive
administrator may not calculate the modeled sustainable
groundwater pumping for an aquifer located in a management area
that wholly or partly overlies an aquifer with a recharge rate such
that an owner of land that overlies the aquifer qualifies under
federal tax law for a cost depletion deduction for the groundwater
withdrawn from the aquifer for irrigation purposes.
SECTION 3. This Act takes effect September 1, 2021.