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A BILL TO BE ENTITLED
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AN ACT
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relating to groundwater conservation district management plans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.1071(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) Following notice and hearing, the district shall, in |
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coordination with surface water management entities on a regional |
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basis, develop a [comprehensive] management plan that [which] |
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addresses the following management goals, as applicable: |
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(1) providing the most efficient use of groundwater; |
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(2) controlling and preventing waste of groundwater; |
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(3) controlling and preventing subsidence; |
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(4) addressing conjunctive surface water management |
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issues; |
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(5) addressing natural resource issues; |
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(6) addressing drought conditions; |
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(7) addressing conservation, recharge enhancement, |
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rainwater harvesting, precipitation enhancement, or brush control, |
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where appropriate and cost-effective; and |
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(8) addressing in a quantitative manner the desired |
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future conditions of the groundwater resources. |
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(b) The [A district] management plan, or any amendments to |
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the [a district management] plan, shall be developed [by the
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district] using the district's best available data and forwarded to |
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the regional water planning group for use in their planning |
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process. |
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SECTION 2. Section 36.1072, Water Code, is amended to read |
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as follows: |
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Sec. 36.1072. TEXAS WATER DEVELOPMENT BOARD REVIEW AND |
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APPROVAL OF MANAGEMENT PLAN. (a) In this section, "development |
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board" means the Texas Water Development Board. |
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(a-1) A district shall, not later than three years after the |
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creation of the district or, if the district required confirmation, |
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not later than three years after the election confirming the |
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district's creation, submit the management plan required under |
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Section 36.1071 to the executive administrator for review and |
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approval. |
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(b) Within 60 days of receipt of a district's management |
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plan adopted under Section 36.1071, readopted under Subsection (e) |
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or (g) of this section, or amended under Section 36.1073, the |
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executive administrator shall approve the district's [a
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management] plan if the plan is administratively complete. A |
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management plan is administratively complete when it contains the |
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information required to be submitted under Section 36.1071(a) and |
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(e). The executive administrator may determine whether conditions |
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justify waiver of the requirements under Section 36.1071(e)(4). |
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(c) Once the executive administrator has approved a |
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district's management plan: |
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(1) the executive administrator may not revoke but may |
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require revisions to the approved [groundwater conservation
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district] management plan as provided by Subsection (g); and |
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(2) the executive administrator may request |
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additional information from the district if the information is |
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necessary to clarify, modify, or supplement previously submitted |
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material, but a request for additional information does not render |
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the management plan unapproved. |
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(d) A management plan takes effect on approval by the |
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executive administrator or, if appealed, on approval by the |
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development board [Texas Water Development Board]. |
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(e) The district may review the plan annually and must |
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review and readopt the plan with or without revisions at least once |
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every five years. The district shall provide the readopted plan to |
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the executive administrator not later than the 60th day after the |
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date on which the plan was readopted. Approval of the preceding |
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management plan remains in effect until the executive administrator |
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approves the readopted management plan or until the date on which |
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any dispute under Subsection (f) or (g) is resolved. The executive |
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administrator shall report a district's failure to timely submit a |
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readopted management plan to the commission [:
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[(1)
the district fails to timely readopt a management
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plan;
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[(2)
the district fails to timely submit the
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district's readopted management plan to the executive
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administrator; or
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[(3)
the executive administrator determines that the
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readopted management plan does not meet the requirements for
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approval, and the district has exhausted all appeals to the Texas
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Water Development Board or appropriate court]. |
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(f) If the executive administrator does not approve the |
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district's management plan, the executive administrator shall |
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provide to the district, in writing, the reasons for the |
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action. Not later than the 180th day after the date a district |
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receives notice that its management plan has not been approved, the |
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district may submit a revised management plan for review and |
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approval. The executive administrator's decision may be appealed |
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to the development board [Texas Water Development Board]. If the |
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development board [Texas Water Development Board] decides not to |
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approve the district's management plan on appeal, the district may |
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request that the conflict be mediated. The district and the board |
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may seek the assistance of the Center for Public Policy Dispute |
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Resolution at The University of Texas School of Law or an |
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alternative dispute resolution system established under Chapter |
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152, Civil Practice and Remedies Code, in obtaining a qualified |
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impartial third party to mediate the conflict. The cost of the |
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mediation services must be specified in the agreement between the |
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parties and the Center for Public Policy Dispute Resolution or the |
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alternative dispute resolution system. If the parties do not |
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resolve the conflict through mediation, the decision of the |
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development board [Texas Water Development Board] not to approve |
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the district's management plan may be appealed to a district court |
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in Travis County. Costs for the appeal shall be set by the court |
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hearing the appeal. An appeal under this subsection is by trial de |
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novo. The commission shall not take enforcement action against a |
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district under Subchapter I until the latest [later] of the |
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expiration of the 180-day period, the date the development board |
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[Texas Water Development Board] has taken final action withholding |
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approval of a revised management plan, the date the mediation is |
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completed, or the date a final judgment upholding the board's |
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decision is entered by a district court. An enforcement action may |
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not be taken against a district by the commission or the state |
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auditor under Subchapter I because the district's management plan |
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and the approved regional water plan are in conflict while the |
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parties are attempting to resolve the conflict before the |
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development board, in mediation, or in court. Rules of the |
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district continue in full force and effect until all appeals under |
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this subsection have been exhausted and the final judgment is |
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adverse to the district. |
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(g) [In this subsection, "development board" means the
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Texas Water Development Board.] A person with a legally defined |
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interest in groundwater in a district, or the regional water |
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planning group, may file a petition with the development board |
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stating that a conflict requiring resolution may exist between the |
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district's approved management plan developed under Section |
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36.1071 and the state water plan. If a conflict exists, the |
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development board shall provide technical assistance to and |
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facilitate coordination between the involved person or regional |
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water planning group and the district to resolve the conflict. Not |
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later than the 45th day after the date the person or the regional |
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water planning group files a petition with the development board, |
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if the conflict has not been resolved, the district and the involved |
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person or regional planning group may mediate the conflict. The |
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district and the involved person or regional planning group may |
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seek the assistance of the Center for Public Policy Dispute |
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Resolution at The University of Texas School of Law or an |
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alternative dispute resolution system established under Chapter |
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152, Civil Practice and Remedies Code, in obtaining a qualified |
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impartial third party to mediate the conflict. The cost of the |
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mediation services must be specified in the agreement between the |
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parties and the Center for Public Policy Dispute Resolution or the |
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alternative dispute resolution system. If the district and the |
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involved person or regional planning group cannot resolve the |
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conflict through mediation, the development board shall resolve the |
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conflict not later than the 60th day after the date the mediation is |
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completed. The development board action under this provision may |
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be consolidated, at the option of the board, with related action |
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under Section 16.053(p). If the development board determines that |
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resolution of the conflict requires a revision of the approved |
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[groundwater conservation district] management plan, the |
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development board shall provide information to the district. The |
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district shall prepare any revisions to the plan based on the |
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information provided by the development board and shall hold, after |
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notice, at least one public hearing at some central location within |
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the district. The district shall consider all public and |
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development board comments, prepare, revise, and adopt its |
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management plan, and submit the revised management plan to the |
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development board for approval. On the request of the district or |
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the regional water planning group, the development board shall |
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include discussion of the conflict and its resolution in the state |
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water plan that the development board provides to the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives under Section 16.051(e). If the groundwater |
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conservation district disagrees with the decision of the |
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development board under this subsection, the district may appeal |
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the decision to a district court in Travis County. Costs for the |
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appeal shall be set by the court hearing the appeal. An appeal |
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under this subsection is by trial de novo. |
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SECTION 3. Sections 36.108(b) and (c), Water Code, are |
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amended to read as follows: |
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(b) If two or more districts are located within the |
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boundaries of the same management area, each district shall |
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[prepare a comprehensive management plan as required by Section
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36.1071 covering that district's respective territory.
On
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completion and approval of the plan as required by Section 36.1072,
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each district shall] forward a copy of that district's [the] new or |
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revised management plan to the other districts in the management |
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area. The boards of the districts shall consider the plans |
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individually and shall compare them to other management plans then |
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in force in the management area. |
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(c) The presiding officer, or the presiding officer's |
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designee, of each district located in whole or in part in the |
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management area shall meet at least annually to conduct joint |
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planning with the other districts in the management area and to |
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review the management plans and accomplishments for the management |
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area. In reviewing the management plans, the districts shall |
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consider: |
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(1) the goals of each management plan and its impact on |
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planning throughout the management area; |
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(2) the effectiveness of the measures established by |
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each district's management plan for conserving and protecting |
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groundwater and preventing waste, and the effectiveness of these |
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measures in the management area generally; |
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(3) any other matters that the boards consider |
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relevant to the protection and conservation of groundwater and the |
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prevention of waste in the management area; and |
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(4) the degree to which each management plan achieves |
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the desired future conditions established during the joint planning |
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process. |
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SECTION 4. Section 36.113(d), Water Code, is amended to |
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read as follows: |
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(d) Before granting or denying a permit or permit amendment, |
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the district shall consider whether: |
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(1) the application conforms to the requirements |
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prescribed by this chapter and is accompanied by the prescribed |
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fees; |
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(2) the proposed use of water unreasonably affects |
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existing groundwater and surface water resources or existing permit |
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holders; |
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(3) the proposed use of water is dedicated to any |
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beneficial use; |
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(4) the proposed use of water is consistent with the |
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district's approved [certified water] management plan; |
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(5) if the well will be located in the Hill Country |
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Priority Groundwater Management Area, the proposed use of water |
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from the well is wholly or partly to provide water to a pond, lake, |
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or reservoir to enhance the appearance of the landscape; |
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(6) the applicant has agreed to avoid waste and |
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achieve water conservation; and |
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(7) the applicant has agreed that reasonable diligence |
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will be used to protect groundwater quality and that the applicant |
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will follow well plugging guidelines at the time of well closure. |
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SECTION 5. Section 36.116(b), Water Code, is amended to |
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read as follows: |
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(b) In promulgating any rules limiting groundwater |
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production, the district may preserve historic or existing use |
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before the effective date of the rules to the maximum extent |
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practicable consistent with the district's [comprehensive] |
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management plan under Section 36.1071 and as provided by Section |
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36.113. |
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SECTION 6. Section 36.122(f), Water Code, is amended to |
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read as follows: |
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(f) In reviewing a proposed transfer of groundwater out of |
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the district, the district shall consider: |
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(1) the availability of water in the district and in |
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the proposed receiving area during the period for which the water |
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supply is requested; |
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(2) the projected effect of the proposed transfer on |
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aquifer conditions, depletion, subsidence, or effects on existing |
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permit holders or other groundwater users within the district; and |
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(3) the approved regional water plan and approved |
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[certified] district management plan. |
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SECTION 7. Section 36.207, Water Code, is amended to read as |
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follows: |
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Sec. 36.207. USE OF PERMIT FEES AUTHORIZED BY SPECIAL LAW. |
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A district may use funds obtained from permit fees collected |
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pursuant to the special law governing the district for any purpose |
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consistent with the district's approved [certified water] |
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management plan including, without limitation, making grants, |
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loans, or contractual payments to achieve, facilitate, or expedite |
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reductions in groundwater pumping or the development or |
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distribution of alternative water supplies. |
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SECTION 8. Section 36.301, Water Code, is amended to read as |
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follows: |
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Sec. 36.301. FAILURE TO SUBMIT A MANAGEMENT PLAN. If a |
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district [board] fails to submit a management plan or to receive |
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approval [certification] of its management plan under Section |
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36.1072, or fails to submit or receive approval [certification] of |
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an amendment to the management plan under Section 36.1073, the |
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commission shall take appropriate action under Section 36.303. |
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SECTION 9. Section 36.3011, Water Code, is amended to read |
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as follows: |
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Sec. 36.3011. FAILURE OF DISTRICT TO CONDUCT JOINT |
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PLANNING. Not later than the 45th day after receiving the review |
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panel's report under Section 36.108, the executive director or the |
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commission shall take action to implement any or all of the panel's |
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recommendations. The commission may take any action against a |
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district it considers necessary in accordance with Section 36.303 |
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if the commission finds that: |
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(1) a district has failed to submit its management |
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plan to the executive administrator; |
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(2) a district has failed to adopt rules; |
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(3) the rules adopted by the district are not designed |
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to achieve the desired future condition of the groundwater |
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resources in the groundwater management area; or |
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(4) the groundwater in the management area is not |
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adequately protected by the rules adopted by the district, or the |
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groundwater in the management area is not adequately protected |
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because of the district's failure to enforce substantial compliance |
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with its rules. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |