Bill Text: TX HB3166 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the consideration of modeled sustainable groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2017-05-09 - Referred to Agriculture, Water, & Rural Affairs [HB3166 Detail]
Download: Texas-2017-HB3166-Engrossed.html
| 85R22106 AAF-F | ||
| By: Lucio III | H.B. No. 3166 | |
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| 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-6) to read as | ||
| follows: | ||
| (d) Not later than September 1, 2010, 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-6) 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, 2017. | ||
