Bill Text: TX SB1010 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to rules adopted by groundwater conservation districts overlying a common aquifer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-14 - Left pending in committee [SB1010 Detail]
Download: Texas-2019-SB1010-Engrossed.html
| By: Perry | S.B. No. 1010 | |
|
|
||
|
|
||
| relating to rules adopted by groundwater conservation districts | ||
| overlying a common aquifer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 36.101, Water Code, is amended by adding | ||
| Subsections (a-2) and (a-3) to read as follows: | ||
| (a-2) Except as provided by this subsection, a district that | ||
| overlies a common aquifer and is in a groundwater management area | ||
| with one or more districts that regulate levels of groundwater | ||
| production similar to the level the district regulates may not make | ||
| or enforce a rule under Subsection (a) unless the rule is similar to | ||
| a rule made or enforced under Subsection (a) by the other district | ||
| or districts that overlie the aquifer and are in the groundwater | ||
| management area. The district may make or enforce a rule that is | ||
| not similar to a rule made or enforced by the other district or | ||
| districts only if the district: | ||
| (1) is authorized by other law specifically to make or | ||
| enforce the rule; or | ||
| (2) provides in the district's management plan | ||
| developed under Section 36.1071 an explanation of the district's | ||
| reasoning to support its making or enforcing the rule. | ||
| (a-3) A new district that overlies a common aquifer and is | ||
| in a groundwater management area with one or more districts shall | ||
| notify the district or districts of rules made by the new district. | ||
| Not later than the 60th day after the date the new district makes | ||
| the rules, each district that overlies the common aquifer and is in | ||
| a groundwater management area with the new district shall, as | ||
| necessary to comply with Subsection (a-2), update the district's | ||
| management plan with an explanation of the district's reasoning to | ||
| support its enforcement of existing district rules. | ||
| SECTION 2. Section 36.1071(e), Water Code, is amended to | ||
| read as follows: | ||
| (e) In the management plan described under Subsection (a), | ||
| the district shall: | ||
| (1) identify the performance standards and management | ||
| objectives under which the district will operate to achieve the | ||
| management goals identified under Subsection (a); | ||
| (2) specify, in as much detail as possible, the | ||
| actions, procedures, performance, and avoidance that are or may be | ||
| necessary to effect the plan, including specifications and proposed | ||
| rules; | ||
| (3) include estimates of the following: | ||
| (A) modeled available groundwater in the | ||
| district based on the desired future condition established under | ||
| Section 36.108; | ||
| (B) the amount of groundwater being used within | ||
| the district on an annual basis; | ||
| (C) the annual amount of recharge from | ||
| precipitation, if any, to the groundwater resources within the | ||
| district; | ||
| (D) for each aquifer, the annual volume of water | ||
| that discharges from the aquifer to springs and any surface water | ||
| bodies, including lakes, streams, and rivers; | ||
| (E) the annual volume of flow into and out of the | ||
| district within each aquifer and between aquifers in the district, | ||
| if a groundwater availability model is available; | ||
| (F) the projected surface water supply in the | ||
| district according to the most recently adopted state water plan; | ||
| and | ||
| (G) the projected total demand for water in the | ||
| district according to the most recently adopted state water plan; | ||
| [ |
||
| (4) consider the water supply needs and water | ||
| management strategies included in the adopted state water plan; and | ||
| (5) if applicable under Section 36.101(a-2), explain | ||
| the district's reasoning to support its making or enforcing under | ||
| Section 36.101(a) a rule that is not similar to a rule made or | ||
| enforced by another district described by Section 36.101(a-2). | ||
| SECTION 3. A groundwater conservation district described by | ||
| Section 36.101(a-2), Water Code, as added by this Act, shall | ||
| evaluate the existing rules of the district for compliance with | ||
| that section. Not later than December 1, 2019, if an existing rule | ||
| does not comply with Section 36.101(a-2), Water Code, as added by | ||
| this Act, and is not otherwise authorized by law, the groundwater | ||
| conservation district shall update the district's management plan | ||
| to include an explanation of the district's reasoning to support | ||
| its enforcing the rule as required by that section. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
