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House Bill 1763 |
House Author: Cook, Robby et al. |
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Effective: 9-1-05 |
Senate Sponsor: Duncan |
House Bill 1763 amends Water Code general-law provisions for groundwater conservation districts (GCDs) to make changes relating to GCD management plans, their relationship to the state and regional water plans, and GCD rulemaking, permitting, and regulation, as well as other matters. It repeals a provision under which the Texas Water Advisory Council was scheduled to expire.
The bill adds to the goals that GCDs are to pursue in developing management plans to include precipitation enhancement, rainwater harvesting, recharge enhancement, or brush control where appropriate and cost-effective. The bill increases the time allotted to a GCD to submit its management plan from two to three years. The bill provides that until approval of the plan by the Texas Water Development Board (TWDB), a GCD may not adopt rules other than rules pertaining to GCD board procedures, the regulation and interim permitting of new and existing wells, and well spacing. Until such approval, it may not adopt rules limiting well production except to require that groundwater from wells be put to a nonwasteful beneficial use. Management plans must address quantitatively the desired future conditions of the groundwater resources in a GCD and must include certain data on aquifer flows and discharges, projected surface water supplies, and projected water demands. Multiple GCDs in the same management area must jointly establish desired future conditions for such area, although the conditions may vary by aquifer, aquifer subdivision, geological strata, or geographic area. The Texas Commission on Environmental Quality may take action against a GCD if its rules are not designed to achieve the desired future condition of the groundwater resources in a management area. The bill defines a GCD's managed available groundwater to mean that amount that the GCD may permit for beneficial use in accordance with the desired future condition and provides that a GCD, to the extent possible, shall issue permits, if permit applications are administratively complete, up to the point that the total volume permitted equals the managed available amount.
A GCD must determine each regulated activity for which a permit or permit amendment is required and which of those require a hearing. The bill establishes detailed procedures for such hearings and for GCD rulemaking, with an exemption from such procedures in most cases for the Edwards Aquifer Authority. Additionally, the bill establishes procedures for mediation and ultimate resolution in cases in which a GCD management plan and the state water plan possibly conflict, a GCD challenges TWDB nonapproval of its management plan, or there is an appeal of the desired future conditions established jointly by multiple GCDs in a management area.