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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and achievement of desired future |
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conditions for aquifers by groundwater conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.1071(e), Water Code, is amended to |
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read as follows: |
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(e) In the management plan described under Subsection (a), |
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the district shall: |
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(1) identify the performance standards and management |
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objectives under which the district will operate to achieve the |
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management goals identified under Subsection (a); |
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(2) specify, in as much detail as possible, the |
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actions, procedures, performance, and avoidance that are or may be |
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necessary to effect the plan, including specifications and proposed |
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rules; |
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(3) include estimates of the following: |
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(A) modeled available groundwater in the |
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district based on the desired future condition established under |
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Section 36.108; |
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(B) the amount of groundwater being used within |
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the district on an annual basis; |
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(C) the annual amount of recharge from |
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precipitation, if any, to the groundwater resources within the |
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district; |
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(D) for each aquifer, the annual volume of water |
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that discharges from the aquifer to springs and any surface water |
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bodies, including lakes, streams, and rivers; |
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(E) the annual volume of flow into and out of the |
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district within each aquifer and between aquifers in the district, |
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if a groundwater availability model is available; |
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(F) the projected surface water supply in the |
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district according to the most recently adopted state water plan; |
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and |
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(G) the projected total demand for water in the |
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district according to the most recently adopted state water plan; |
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[and] |
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(4) consider the water supply needs and water |
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management strategies included in the adopted state water plan; and |
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(5) include a plain explanation of how the district is |
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monitoring and tracking achievement of the desired future |
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conditions established under Section 36.108 and how the district |
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performed in achieving the desired future conditions over the |
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previous five-year joint planning period. |
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SECTION 2. Section 36.108, Water Code, is amended by |
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amending Subsections (c) and (d-3) and adding Subsection (d-4) to |
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read as follows: |
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(c) The district representatives shall meet at least |
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annually to conduct joint planning with the other districts in the |
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management area and to review the management plans of the districts |
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and their implementation through the rules of the districts, the |
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accomplishments of the management area, and proposals to adopt new |
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or amend existing desired future conditions. In reviewing the |
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management plans, the districts shall 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 district is achieving |
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[management plan achieves] the desired future conditions |
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established during the joint planning process through the |
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implementation and enforcement of its management plan and rules. |
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(d-3) After all the districts have submitted their district |
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summaries, the district representatives shall reconvene to review |
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the reports, consider any district's suggested revisions to the |
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proposed desired future conditions, and finally adopt the desired |
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future conditions for the management area. The desired future |
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conditions must be approved by a resolution adopted by a two-thirds |
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vote of all the district representatives not later than January 5, |
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2022. Subsequent desired future conditions must be proposed and |
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finally adopted by the district representatives before the end of |
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each successive five-year period after that date. The district |
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representatives shall produce a desired future conditions |
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explanatory report for the management area and submit to the |
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development board and each district in the management area proof |
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that notice was posted for the joint planning meeting, a copy of the |
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resolution, and a copy of the explanatory report. The report must: |
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(1) identify each desired future condition; |
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(2) provide the policy and technical |
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justifications for each desired future condition; |
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(3) include documentation that the factors under |
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Subsection (d) were considered by the districts and a discussion of |
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how the adopted desired future conditions impact each factor; |
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(4) list other desired future condition options |
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considered, if any, and the reasons why those options were not |
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adopted; [and] |
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(5) for each desired future condition that |
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changed from the corresponding one, if any, adopted for an aquifer |
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in the previous five-year joint planning period, include a plain |
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explanation of why the desired future condition was changed; |
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(6) discuss reasons why recommendations made by |
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advisory committees and relevant public comments received by the |
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districts were or were not incorporated into the desired future |
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conditions; and |
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(7) include a summary of how each district is |
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achieving the desired future conditions through the implementation |
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and enforcement of its management plan and rules. |
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(d-4) The district representatives and districts shall |
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adopt desired future conditions under this section for the |
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following time periods and may adopt desired future conditions for |
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other time periods: |
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(1) for each 50-year planning period identified |
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by the executive administrator for the preparation of state and |
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regional water plans; and |
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(2) for each five-year period within the 50-year |
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planning period to aid the districts in monitoring interim progress |
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in achieving the desired future conditions adopted for the 50-year |
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planning period. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |