Texas 2025 - 89th Regular

Texas House Bill HB2078 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2804 ANG-F
2	2	By: Gerdes H.B. No. 2078
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the joint planning of desired future conditions in
10	10	groundwater management areas.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 36.1071(e), Water Code, is amended to
13	13	read as follows:
14	14	(e) In the management plan described under Subsection (a),
15	15	the district shall:
16	16	(1) identify the performance standards and management
17	17	objectives under which the district will operate to achieve the
18	18	management goals identified under Subsection (a);
19	19	(2) specify, in as much detail as possible, the
20	20	actions, procedures, performance, and avoidance that are or may be
21	21	necessary to effect the plan, including specifications and proposed
22	22	rules;
23	23	(3) include estimates of the following:
24	24	(A) modeled available groundwater in the
25	25	district based on the desired future condition established under
26	26	Section 36.108;
27	27	(B) the amount of groundwater being used within
28	28	the district on an annual basis;
29	29	(C) the annual amount of recharge from
30	30	precipitation, if any, to the groundwater resources within the
31	31	district;
32	32	(D) for each aquifer, the annual volume of water
33	33	that discharges from the aquifer to springs and any surface water
34	34	bodies, including lakes, streams, and rivers;
35	35	(E) the annual volume of flow into and out of the
36	36	district within each aquifer and between aquifers in the district,
37	37	if a groundwater availability model is available;
38	38	(F) the projected surface water supply in the
39	39	district according to the most recently adopted state water plan;
40	40	and
41	41	(G) the projected total demand for water in the
42	42	district according to the most recently adopted state water plan;
43	43	[and]
44	44	(4) consider the water supply needs and water
45	45	management strategies included in the adopted state water plan; and
46	46	(5) include an explanation in plain language of how:
47	47	(A) the district is monitoring and tracking the
48	48	achievement of the desired future conditions established under
49	49	Section 36.108; and
50	50	(B) the district has performed in achieving the
51	51	desired future conditions established under Section 36.108 over the
52	52	preceding five-year joint planning period.
53	53	SECTION 2. Section 36.108, Water Code, is amended by
54	54	amending Subsections (c) and (d-3) and adding Subsections (c-1) and
55	55	(d-5) to read as follows:
56	56	(c) The district representatives shall meet at least
57	57	annually to conduct joint planning with the other districts in the
58	58	management area. The representatives shall [and to] review:
59	59	(1) [the management plans,] the accomplishments of the
60	60	management area;
61	61	(2) [, and] proposals to adopt new or amend existing
62	62	desired future conditions; and
63	63	(3) not less than once during each five-year period
64	64	described by Subsection (d), the management plans of each district
65	65	in the management area.
66	66	(c-1) In reviewing the management plans under Subsection
67	67	(c), the districts shall consider:
68	68	(1) the goals of each management plan and its impact on
69	69	planning throughout the management area;
70	70	(2) the effectiveness of the measures established by
71	71	each district's management plan for conserving and protecting
72	72	groundwater and preventing waste, and the effectiveness of these
73	73	measures in the management area generally;
74	74	(3) any other matters that the boards consider
75	75	relevant to the protection and conservation of groundwater and the
76	76	prevention of waste in the management area; and
77	77	(4) the degree to which each district is achieving
78	78	[management plan achieves] the desired future conditions
79	79	established during the joint planning process through the
80	80	implementation of the district's management plan and rules.
81	81	(d-3) After each district has submitted to the district
82	82	representatives the information required under Subsection (d-2)
83	83	and made the information available for the required period of time
84	84	under Subsection (d-2a), the district representatives shall
85	85	reconvene for a joint planning meeting to review the information
86	86	required under Subsection (d-2), consider any district's suggested
87	87	revisions to the proposed desired future conditions, receive public
88	88	comment, and finally adopt the desired future conditions for the
89	89	management area. The desired future conditions must be approved by
90	90	a resolution adopted by a two-thirds vote of all the district
91	91	representatives not later than January 5, 2022. Subsequent desired
92	92	future conditions must be proposed and finally adopted by the
93	93	district representatives before the end of each successive
94	94	five-year period after that date. The district representatives
95	95	shall produce a desired future conditions explanatory report for
96	96	the management area and submit to the development board and each
97	97	district in the management area proof that notice was posted for the
98	98	joint planning meeting, a copy of the resolution, and a copy of the
99	99	explanatory report. The report must:
100	100	(1) identify each desired future condition;
101	101	(2) provide the policy and technical justifications
102	102	for each desired future condition;
103	103	(3) include documentation that the factors under
104	104	Subsection (d) were considered by the districts and a discussion of
105	105	how the adopted desired future conditions impact each factor;
106	106	(4) list other desired future condition options
107	107	considered, if any, and the reasons why those options were not
108	108	adopted; [and]
109	109	(5) discuss reasons why recommendations made by
110	110	advisory committees and relevant public comments received by the
111	111	districts during the public comment period or at the joint planning
112	112	meeting were or were not incorporated into the desired future
113	113	conditions;
114	114	(6) include an explanation in plain language of why a
115	115	desired future condition adopted for an aquifer was changed if the
116	116	desired future condition is different from the desired future
117	117	condition adopted for the aquifer over the preceding five-year
118	118	joint planning period; and
119	119	(7) include a summary of how each district is
120	120	performing in achieving the desired future conditions.
121	121	(d-5) The districts and district representatives:
122	122	(1) shall adopt desired future conditions under this
123	123	section for each 50-year planning period identified by the
124	124	executive administrator for the preparation of state and regional
125	125	water plans;
126	126	(2) shall identify interim values for the desired
127	127	future conditions adopted under Subdivision (1) for time periods
128	128	not to exceed 10 years solely to assist the districts in monitoring
129	129	interim progress in achieving the desired future conditions adopted
130	130	for the 50-year planning period; and
131	131	(3) may adopt desired future conditions under this
132	132	section for other time periods.
133	133	SECTION 3. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2025.