| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to the consideration of modeled sustained groundwater |
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| 8 | 10 | | pumping in the adoption of desired future conditions in groundwater |
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| 9 | 11 | | conservation districts. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Section 36.001, Water Code, is amended by adding |
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| 12 | 14 | | Subdivision (32) to read as follows: |
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| 13 | 15 | | (32) "Modeled sustained groundwater pumping" means |
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| 14 | 16 | | the maximum amount of groundwater that the executive administrator, |
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| 15 | 17 | | using the best available science, determines may be produced |
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| 16 | 18 | | annually in perpetuity from an aquifer. |
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| 17 | 19 | | SECTION 2. Section 36.108, Water Code, is amended by |
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| 18 | 20 | | amending Subsection (d) and adding Subsection (d-5) to read as |
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| 19 | 21 | | follows: |
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| 20 | 22 | | (d) Not later than May 1, 2021, and every five years |
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| 21 | 23 | | thereafter, the districts shall consider groundwater availability |
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| 22 | 24 | | models and other data or information for the management area and |
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| 23 | 25 | | shall propose for adoption desired future conditions for the |
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| 24 | 26 | | relevant aquifers within the management area. Before voting on the |
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| 25 | 27 | | proposed desired future conditions of the aquifers under Subsection |
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| 26 | 28 | | (d-2), the districts shall consider: |
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| 27 | 29 | | (1) aquifer uses or conditions within the management |
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| 28 | 30 | | area, including conditions that differ substantially from one |
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| 29 | 31 | | geographic area to another; |
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| 30 | 32 | | (2) the water supply needs and water management |
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| 31 | 33 | | strategies included in the state water plan; |
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| 32 | 34 | | (3) hydrological conditions[, including] for each |
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| 33 | 35 | | aquifer in the management area, including: |
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| 34 | 36 | | (A) the total estimated recoverable storage; |
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| 35 | 37 | | (B) if calculated by the executive |
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| 36 | 38 | | administrator, the modeled sustained groundwater pumping; [as |
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| 37 | 39 | | provided by the executive administrator,] and |
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| 38 | 40 | | (C) the average annual recharge, inflows, and |
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| 39 | 41 | | discharge; |
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| 40 | 42 | | (4) other environmental impacts, including impacts on |
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| 41 | 43 | | spring flow and other interactions between groundwater and surface |
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| 42 | 44 | | water; |
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| 43 | 45 | | (5) the impact on subsidence; |
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| 44 | 46 | | (6) socioeconomic impacts reasonably expected to |
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| 45 | 47 | | occur; |
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| 46 | 48 | | (7) the impact on the interests and rights in private |
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| 47 | 49 | | property, including ownership and the rights of management area |
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| 48 | 50 | | landowners and their lessees and assigns in groundwater as |
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| 49 | 51 | | recognized under Section 36.002; |
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| 50 | 52 | | (8) the feasibility of achieving the desired future |
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| 51 | 53 | | condition; and |
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| 52 | 54 | | (9) any other information relevant to the specific |
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| 53 | 55 | | desired future conditions. |
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| 54 | 56 | | (d-5) Notwithstanding Subsection (d)(3), the executive |
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| 55 | 57 | | administrator may not calculate the modeled sustained groundwater |
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| 56 | 58 | | pumping for an aquifer or an aquifer that wholly or partly underlies |
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| 57 | 59 | | an aquifer with a recharge rate such that an owner of land that |
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| 58 | 60 | | overlies the aquifer qualifies or has previously qualified under |
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| 59 | 61 | | federal tax law for a cost depletion deduction for the groundwater |
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| 60 | 62 | | withdrawn from the aquifer for irrigation purposes. |
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| 61 | 63 | | SECTION 3. This Act takes effect September 1, 2021. |
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