Bill Text: TX HB2851 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Water, Agriculture, & Rural Affairs [HB2851 Detail]
Download: Texas-2021-HB2851-Engrossed.html
| 87R22752 ANG-F | ||
| By: Lucio III | H.B. No. 2851 | |
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| 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[ |
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| aquifer in the management area, including: | ||
| (A) the total estimated recoverable storage; | ||
| (B) if calculated by the executive | ||
| administrator, the modeled sustained groundwater pumping; [ |
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| (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. | ||
