Bill Text: TX SB727 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to groundwater conservation district management plans.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-04-29 - Effective immediately [SB727 Detail]

Download: Texas-2011-SB727-Enrolled.html

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S.B. No. 727

AN ACT
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 [comprehensive] management plan that [which]
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 [A district] management plan, or any amendments to
the [a district management] plan, shall be developed [by the
district] using the district's best available data and forwarded to
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 [a
management] plan if the plan is administratively complete. A
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 [groundwater conservation
district] management plan as provided by Subsection (g); and
(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 [Texas Water Development Board].
(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 [Texas Water Development Board]. If the
development board [Texas Water Development Board] decides not to
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 [Texas Water Development Board] not to approve
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 [later] of the
expiration of the 180-day period, the date the development board
[Texas Water Development Board] has taken final action withholding
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) [In this subsection, "development board" means the
Texas Water Development Board.] A person with a legally defined
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
[groundwater conservation district] management plan, the
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
[prepare a comprehensive management plan as required by Section
36.1071 covering that district's respective territory. On
completion and approval of the plan as required by Section 36.1072,
each district shall] forward a copy of that district's [the] new or
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 [certified water] management plan;
(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 [comprehensive]
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
[certified] district management plan.
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 [certified water]
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 [board] fails to submit a management plan or to receive
approval [certification] of its management plan under Section
36.1072, or fails to submit or receive approval [certification] of
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