|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the deadline for adoption of desired future conditions |
|
in groundwater conservation districts. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 16.053(e), Water Code, as amended by |
|
Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts |
|
of the 84th Legislature, Regular Session, 2015, is reenacted and |
|
amended to read as follows: |
|
(e) Each regional water planning group shall submit to the |
|
development board a regional water plan that: |
|
(1) is consistent with the guidance principles for the |
|
state water plan adopted by the development board under Section |
|
16.051(d); |
|
(2) provides information based on data provided or |
|
approved by the development board in a format consistent with the |
|
guidelines provided by the development board under Subsection (d); |
|
(2-a) is consistent with the desired future conditions |
|
adopted under Section 36.108 for the relevant aquifers located in |
|
the regional water planning area as of the most recent deadline for |
|
[date] the board to adopt the [most recently adopted a] state water |
|
plan under Section 16.051 or, at the option of the regional water |
|
planning group, established subsequent to the adoption of the most |
|
recent plan; provided, however, that if no groundwater conservation |
|
district exists within the area of the regional water planning |
|
group, the regional water planning group shall determine the supply |
|
of groundwater for regional planning purposes; the Texas Water |
|
Development Board shall review and approve, prior to inclusion in |
|
the regional water plan, that the groundwater supply for the |
|
regional planning group without a groundwater conservation |
|
district in its area is physically compatible, using the board's |
|
groundwater availability models, with the desired future |
|
conditions adopted under Section 36.108 for the relevant aquifers |
|
in the groundwater management area that are regulated by |
|
groundwater conservation districts; |
|
(3) identifies: |
|
(A) each source of water supply in the regional |
|
water planning area, including information supplied by the |
|
executive administrator on the amount of modeled available |
|
groundwater in accordance with the guidelines provided by the |
|
development board under Subsections (d) and (f); |
|
(B) factors specific to each source of water |
|
supply to be considered in determining whether to initiate a |
|
drought response; |
|
(C) actions to be taken as part of the response; |
|
and |
|
(D) existing major water infrastructure |
|
facilities that may be used for interconnections in the event of an |
|
emergency shortage of water; |
|
(4) has specific provisions for water management |
|
strategies to be used during a drought of record; |
|
(5) includes but is not limited to consideration of |
|
the following: |
|
(A) any existing water or drought planning |
|
efforts addressing all or a portion of the region and potential |
|
impacts on public health, safety, or welfare in this state; |
|
(B) approved groundwater conservation district |
|
management plans and other plans submitted under Section 16.054; |
|
(C) all potentially feasible water management |
|
strategies, including but not limited to improved conservation, |
|
reuse, and management of existing water supplies, conjunctive use, |
|
acquisition of available existing water supplies, and development |
|
of new water supplies; |
|
(D) protection of existing water rights in the |
|
region; |
|
(E) opportunities for and the benefits of |
|
developing regional water supply facilities or providing regional |
|
management of water supply facilities; |
|
(F) appropriate provision for environmental |
|
water needs and for the effect of upstream development on the bays, |
|
estuaries, and arms of the Gulf of Mexico and the effect of plans on |
|
navigation; |
|
(G) provisions in Section 11.085(k)(1) if |
|
interbasin transfers are contemplated; |
|
(H) voluntary transfer of water within the region |
|
using, but not limited to, regional water banks, sales, leases, |
|
options, subordination agreements, and financing agreements; |
|
(I) emergency transfer of water under Section |
|
11.139, including information on the part of each permit, certified |
|
filing, or certificate of adjudication for nonmunicipal use in the |
|
region that may be transferred without causing unreasonable damage |
|
to the property of the nonmunicipal water rights holder; and |
|
(J) opportunities for and the benefits of |
|
developing large-scale desalination facilities for: |
|
(i) marine seawater that serve local or |
|
regional entities; and |
|
(ii) [(J)
opportunities for and the
|
|
benefits of developing large-scale desalination facilities for] |
|
seawater or brackish groundwater that serve local or regional |
|
brackish groundwater production zones identified and designated |
|
under Section 16.060(b)(5); |
|
(6) identifies river and stream segments of unique |
|
ecological value and sites of unique value for the construction of |
|
reservoirs that the regional water planning group recommends for |
|
protection under Section 16.051; |
|
(7) assesses the impact of the plan on unique river and |
|
stream segments identified in Subdivision (6) if the regional water |
|
planning group or the legislature determines that a site of unique |
|
ecological value exists; |
|
(8) describes the impact of proposed water projects on |
|
water quality; and |
|
(9) includes information on: |
|
(A) projected water use and conservation in the |
|
regional water planning area; and |
|
(B) the implementation of state and regional |
|
water plan projects, including water conservation strategies, |
|
necessary to meet the state's projected water demands. |
|
SECTION 2. Sections 36.108(d), (d-2), (d-3), and (d-4), |
|
Water Code, are amended to read as follows: |
|
(d) Not later than May 1, 2021 [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 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-2) The desired future conditions proposed under |
|
Subsection (d) must provide a balance between the highest |
|
practicable level of groundwater production and the conservation, |
|
preservation, protection, recharging, and prevention of waste of |
|
groundwater and control of subsidence in the management area. This |
|
subsection does not prohibit the establishment of desired future |
|
conditions that provide for the reasonable long-term management of |
|
groundwater resources consistent with the management goals under |
|
Section 36.1071(a). The desired future conditions proposed under |
|
Subsection (d) must be approved by a two-thirds vote of all the |
|
district representatives for distribution to the districts in the |
|
management area. A period of not less than 90 days for public |
|
comments begins on the day the proposed desired future conditions |
|
are mailed to the districts. During the public comment period and |
|
after posting notice as required by Section 36.063, each district |
|
shall hold a public hearing on any proposed desired future |
|
conditions relevant to that district. During the public comment |
|
period, the district shall make available in its office a copy of |
|
the proposed desired future conditions and any supporting |
|
materials, such as the documentation of factors considered under |
|
Subsection (d) and groundwater availability model run results. |
|
After the close of the public comment period [hearing], the |
|
district shall compile for consideration at the next joint planning |
|
meeting a summary of relevant comments received, any suggested |
|
revisions to the proposed desired future conditions, and the basis |
|
for the revisions. |
|
(d-3) After [the earlier of the date on which] all the |
|
districts have submitted their district summaries [or the
|
|
expiration of the public comment period under Subsection (d-2)], |
|
the district representatives shall reconvene to review the reports, |
|
consider any district's suggested revisions to the proposed desired |
|
future conditions, and finally adopt the desired future conditions |
|
for the management area. The desired future conditions must be |
|
approved by [adopted as] a resolution adopted by a two-thirds vote |
|
of all the district representatives. The district representatives |
|
shall produce a desired future conditions explanatory report for |
|
the management area and submit to the development board and each |
|
district in the management area proof that notice was posted for the |
|
joint planning meeting, a copy of the resolution, and a copy of the |
|
explanatory report. The report must: |
|
(1) identify each desired future condition; |
|
(2) provide the policy and technical justifications |
|
for each desired future condition; |
|
(3) include documentation that the factors under |
|
Subsection (d) were considered by the districts and a discussion of |
|
how the adopted desired future conditions impact each factor; |
|
(4) list other desired future condition options |
|
considered, if any, and the reasons why those options were not |
|
adopted; and |
|
(5) discuss reasons why recommendations made by |
|
advisory committees and relevant public comments received by the |
|
districts were or were not incorporated into the desired future |
|
conditions. |
|
(d-4) After [As soon as possible after] a district receives |
|
notification from the Texas Water Development Board that the |
|
desired future conditions resolution and explanatory report under |
|
Subsection (d-3) are administratively complete, the district shall |
|
adopt the applicable desired future conditions in the resolution |
|
and report not later than January 5, 2022, and every five years |
|
thereafter [that apply to the district]. |
|
SECTION 3. Section 36.108(d-5), Water Code, is repealed. |
|
SECTION 4. To the extent of any conflict, this Act prevails |
|
over another Act of the 85th Legislature, Regular Session, 2017, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |