87R22752 ANG-F
By: Lucio III H.B. No. 2851
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of modeled sustained 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 sustained groundwater pumping" means
the maximum amount of groundwater that the executive administrator,
using the best available science, determines may be produced
annually in perpetuity from an aquifer.
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, including:
(A) the total estimated recoverable storage;
(B) if calculated by the executive
administrator, the modeled sustained groundwater pumping; [as
provided by the executive administrator,] and
(C) 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 sustained groundwater
pumping for an aquifer or an aquifer that wholly or partly underlies
an aquifer with a recharge rate such that an owner of land that
overlies the aquifer qualifies or has previously qualified 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.