Bill Text: TX SB727 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to groundwater conservation district management plans.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-04-29 - Effective immediately [SB727 Detail]
Download: Texas-2011-SB727-Enrolled.html
S.B. No. 727 |
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relating to groundwater conservation district management plans. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (a) and (b), Section 36.1071, Water | ||
Code, are amended to read as follows: | ||
(a) Following notice and hearing, the district shall, in | ||
coordination with surface water management entities on a regional | ||
basis, develop a [ |
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addresses the following management goals, as applicable: | ||
(1) providing the most efficient use of groundwater; | ||
(2) controlling and preventing waste of groundwater; | ||
(3) controlling and preventing subsidence; | ||
(4) addressing conjunctive surface water management | ||
issues; | ||
(5) addressing natural resource issues; | ||
(6) addressing drought conditions; | ||
(7) addressing conservation, recharge enhancement, | ||
rainwater harvesting, precipitation enhancement, or brush control, | ||
where appropriate and cost-effective; and | ||
(8) addressing in a quantitative manner the desired | ||
future conditions of the groundwater resources. | ||
(b) The [ |
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the [ |
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the regional water planning group for use in their planning | ||
process. | ||
SECTION 2. Section 36.1072, Water Code, is amended by | ||
amending Subsections (a) through (d), (f), and (g) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) In this section, "development board" means the Texas | ||
Water Development Board. | ||
(a-1) A district shall, not later than three years after the | ||
creation of the district or, if the district required confirmation, | ||
not later than three years after the election confirming the | ||
district's creation, submit the management plan required under | ||
Section 36.1071 to the executive administrator for review and | ||
approval. | ||
(b) Within 60 days of receipt of a district's management | ||
plan adopted under Section 36.1071, readopted under Subsection (e) | ||
or (g) of this section, or amended under Section 36.1073, the | ||
executive administrator shall approve the district's [ |
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management plan is administratively complete when it contains the | ||
information required to be submitted under Section 36.1071(a) and | ||
(e). The executive administrator may determine whether conditions | ||
justify waiver of the requirements under Section 36.1071(e)(4). | ||
(c) Once the executive administrator has approved a | ||
district's management plan: | ||
(1) the executive administrator may not revoke but may | ||
require revisions to the approved [ |
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(2) the executive administrator may request | ||
additional information from the district if the information is | ||
necessary to clarify, modify, or supplement previously submitted | ||
material, but a request for additional information does not render | ||
the management plan unapproved. | ||
(d) A management plan takes effect on approval by the | ||
executive administrator or, if appealed, on approval by the | ||
development board [ |
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(f) If the executive administrator does not approve the | ||
district's management plan, the executive administrator shall | ||
provide to the district, in writing, the reasons for the action. | ||
Not later than the 180th day after the date a district receives | ||
notice that its management plan has not been approved, the district | ||
may submit a revised management plan for review and approval. The | ||
executive administrator's decision may be appealed to the | ||
development board [ |
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development board [ |
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approve the district's management plan on appeal, the district may | ||
request that the conflict be mediated. The district and the board | ||
may seek the assistance of the Center for Public Policy Dispute | ||
Resolution at The University of Texas School of Law or an | ||
alternative dispute resolution system established under Chapter | ||
152, Civil Practice and Remedies Code, in obtaining a qualified | ||
impartial third party to mediate the conflict. The cost of the | ||
mediation services must be specified in the agreement between the | ||
parties and the Center for Public Policy Dispute Resolution or the | ||
alternative dispute resolution system. If the parties do not | ||
resolve the conflict through mediation, the decision of the | ||
development board [ |
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the district's management plan may be appealed to a district court | ||
in Travis County. Costs for the appeal shall be set by the court | ||
hearing the appeal. An appeal under this subsection is by trial de | ||
novo. The commission shall not take enforcement action against a | ||
district under Subchapter I until the latest [ |
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expiration of the 180-day period, the date the development board | ||
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approval of a revised management plan, the date the mediation is | ||
completed, or the date a final judgment upholding the board's | ||
decision is entered by a district court. An enforcement action may | ||
not be taken against a district by the commission or the state | ||
auditor under Subchapter I because the district's management plan | ||
and the approved regional water plan are in conflict while the | ||
parties are attempting to resolve the conflict before the | ||
development board, in mediation, or in court. Rules of the district | ||
continue in full force and effect until all appeals under this | ||
subsection have been exhausted and the final judgment is adverse to | ||
the district. | ||
(g) [ |
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interest in groundwater in a district, or the regional water | ||
planning group, may file a petition with the development board | ||
stating that a conflict requiring resolution may exist between the | ||
district's approved management plan developed under Section | ||
36.1071 and the state water plan. If a conflict exists, the | ||
development board shall provide technical assistance to and | ||
facilitate coordination between the involved person or regional | ||
water planning group and the district to resolve the conflict. Not | ||
later than the 45th day after the date the person or the regional | ||
water planning group files a petition with the development board, | ||
if the conflict has not been resolved, the district and the involved | ||
person or regional planning group may mediate the conflict. The | ||
district and the involved person or regional planning group may | ||
seek the assistance of the Center for Public Policy Dispute | ||
Resolution at The University of Texas School of Law or an | ||
alternative dispute resolution system established under Chapter | ||
152, Civil Practice and Remedies Code, in obtaining a qualified | ||
impartial third party to mediate the conflict. The cost of the | ||
mediation services must be specified in the agreement between the | ||
parties and the Center for Public Policy Dispute Resolution or the | ||
alternative dispute resolution system. If the district and the | ||
involved person or regional planning group cannot resolve the | ||
conflict through mediation, the development board shall resolve the | ||
conflict not later than the 60th day after the date the mediation is | ||
completed. The development board action under this provision may | ||
be consolidated, at the option of the board, with related action | ||
under Section 16.053(p). If the development board determines that | ||
resolution of the conflict requires a revision of the approved | ||
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development board shall provide information to the district. The | ||
district shall prepare any revisions to the plan based on the | ||
information provided by the development board and shall hold, after | ||
notice, at least one public hearing at some central location within | ||
the district. The district shall consider all public and | ||
development board comments, prepare, revise, and adopt its | ||
management plan, and submit the revised management plan to the | ||
development board for approval. On the request of the district or | ||
the regional water planning group, the development board shall | ||
include discussion of the conflict and its resolution in the state | ||
water plan that the development board provides to the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives under Section 16.051(e). If the groundwater | ||
conservation district disagrees with the decision of the | ||
development board under this subsection, the district may appeal | ||
the decision to a district court in Travis County. Costs for the | ||
appeal shall be set by the court hearing the appeal. An appeal | ||
under this subsection is by trial de novo. | ||
SECTION 3. Subsections (b) and (c), Section 36.108, Water | ||
Code, are amended to read as follows: | ||
(b) If two or more districts are located within the | ||
boundaries of the same management area, each district shall | ||
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revised management plan to the other districts in the management | ||
area. The boards of the districts shall consider the plans | ||
individually and shall compare them to other management plans then | ||
in force in the management area. | ||
(c) The presiding officer, or the presiding officer's | ||
designee, of each district located in whole or in part in the | ||
management area shall meet at least annually to conduct joint | ||
planning with the other districts in the management area and to | ||
review the management plans and accomplishments for the management | ||
area. In reviewing the management plans, the districts shall | ||
consider: | ||
(1) the goals of each management plan and its impact on | ||
planning throughout the management area; | ||
(2) the effectiveness of the measures established by | ||
each district's management plan for conserving and protecting | ||
groundwater and preventing waste, and the effectiveness of these | ||
measures in the management area generally; | ||
(3) any other matters that the boards consider | ||
relevant to the protection and conservation of groundwater and the | ||
prevention of waste in the management area; and | ||
(4) the degree to which each management plan achieves | ||
the desired future conditions established during the joint planning | ||
process. | ||
SECTION 4. Subsection (d), Section 36.113, Water Code, is | ||
amended to read as follows: | ||
(d) Before granting or denying a permit or permit amendment, | ||
the district shall consider whether: | ||
(1) the application conforms to the requirements | ||
prescribed by this chapter and is accompanied by the prescribed | ||
fees; | ||
(2) the proposed use of water unreasonably affects | ||
existing groundwater and surface water resources or existing permit | ||
holders; | ||
(3) the proposed use of water is dedicated to any | ||
beneficial use; | ||
(4) the proposed use of water is consistent with the | ||
district's approved [ |
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(5) if the well will be located in the Hill Country | ||
Priority Groundwater Management Area, the proposed use of water | ||
from the well is wholly or partly to provide water to a pond, lake, | ||
or reservoir to enhance the appearance of the landscape; | ||
(6) the applicant has agreed to avoid waste and | ||
achieve water conservation; and | ||
(7) the applicant has agreed that reasonable diligence | ||
will be used to protect groundwater quality and that the applicant | ||
will follow well plugging guidelines at the time of well closure. | ||
SECTION 5. Subsection (b), Section 36.116, Water Code, is | ||
amended to read as follows: | ||
(b) In promulgating any rules limiting groundwater | ||
production, the district may preserve historic or existing use | ||
before the effective date of the rules to the maximum extent | ||
practicable consistent with the district's [ |
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management plan under Section 36.1071 and as provided by Section | ||
36.113. | ||
SECTION 6. Subsection (f), Section 36.122, Water Code, is | ||
amended to read as follows: | ||
(f) In reviewing a proposed transfer of groundwater out of | ||
the district, the district shall consider: | ||
(1) the availability of water in the district and in | ||
the proposed receiving area during the period for which the water | ||
supply is requested; | ||
(2) the projected effect of the proposed transfer on | ||
aquifer conditions, depletion, subsidence, or effects on existing | ||
permit holders or other groundwater users within the district; and | ||
(3) the approved regional water plan and approved | ||
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SECTION 7. Section 36.207, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.207. USE OF PERMIT FEES AUTHORIZED BY SPECIAL LAW. | ||
A district may use funds obtained from permit fees collected | ||
pursuant to the special law governing the district for any purpose | ||
consistent with the district's approved [ |
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management plan including, without limitation, making grants, | ||
loans, or contractual payments to achieve, facilitate, or expedite | ||
reductions in groundwater pumping or the development or | ||
distribution of alternative water supplies. | ||
SECTION 8. Section 36.301, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.301. FAILURE TO SUBMIT A MANAGEMENT PLAN. If a | ||
district [ |
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approval [ |
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36.1072, or fails to submit or receive approval [ |
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an amendment to the management plan under Section 36.1073, the | ||
commission shall take appropriate action under Section 36.303. | ||
SECTION 9. Section 36.3011, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.3011. FAILURE OF DISTRICT TO CONDUCT JOINT | ||
PLANNING. Not later than the 45th day after receiving the review | ||
panel's report under Section 36.108, the executive director or the | ||
commission shall take action to implement any or all of the panel's | ||
recommendations. The commission may take any action against a | ||
district it considers necessary in accordance with Section 36.303 | ||
if the commission finds that: | ||
(1) a district has failed to submit its management | ||
plan to the executive administrator; | ||
(2) a district has failed to adopt rules; | ||
(3) the rules adopted by the district are not designed | ||
to achieve the desired future condition of the groundwater | ||
resources in the groundwater management area; or | ||
(4) the groundwater in the management area is not | ||
adequately protected by the rules adopted by the district, or the | ||
groundwater in the management area is not adequately protected | ||
because of the district's failure to enforce substantial compliance | ||
with its rules. | ||
SECTION 10. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 727 passed the Senate on | ||
March 29, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 727 passed the House on | ||
April 14, 2011, by the following vote: Yeas 142, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |