79R14568 HLT-D
By: Cook of Colorado H.B. No. 1670
Substitute the following for H.B. No. 1670:
By: Puente C.S.H.B. No. 1670
A BILL TO BE ENTITLED
AN ACT
relating to the resolution of conflicts between regional water
plans and groundwater conservation district management plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.053, Water Code, is amended by
amending Subsection (p) and adding Subsections (p-1), (p-2), (p-3),
and (p-4) to read as follows:
(p) If a groundwater conservation district files a petition
with the board stating that a conflict requiring resolution may
exist between the district's certified [groundwater conservation
district] management plan developed under Section 36.1071 and an
[the] approved regional water plan, the board shall provide
technical assistance to and facilitate coordination between the
district and the involved region to resolve the conflict. Not later
than the 45th day after the date the groundwater conservation
district files a petition with the board, if the conflict has not
been resolved, the district and the involved region shall mediate
the conflict. The district and the involved region 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 region cannot
resolve the conflict through mediation [remains], the board shall
resolve the conflict not later than the 60th day after the date the
mediation is completed as provided by Subsections (p-1) and (p-2).
(p-1) If the board determines that resolution of the
conflict requires a revision of an approved regional water plan,
the board shall suspend the approval of that plan and provide
information to the regional water planning group. The regional
water planning group shall prepare any revisions to its plan
specified by the board and shall hold, after notice, at least one
public hearing at some central location within the regional water
planning area. The regional water planning group shall consider
all public and board comments, prepare, revise, and adopt its plan,
and submit the revised plan to the board for approval and inclusion
in the state water plan.
(p-2) If the board determines that resolution of the
conflict requires a revision of the district's certified
groundwater conservation district management plan, the board shall
[suspend the certification of that plan and] provide information to
the district. The groundwater district shall prepare any revisions
to its plan based on the information provided [specified] by the
board and shall hold, after notice, at least one public hearing at
some central location within the district. The groundwater
district shall consider all public and board comments, prepare,
revise, and adopt its plan, and submit the revised plan to the board
[for certification].
(p-3) If the groundwater conservation district disagrees
with the decision of the board under Subsection (p), the district
may appeal the decision to a district court in the county in which
the main office of the district is located. Costs for the appeal
shall be set by the court hearing the appeal. An appeal under this
subsection is by trial de novo.
(p-4) On the request of the involved region or groundwater
conservation district, the board shall include discussion of the
conflict and its resolution in the state water plan that the board
provides to the governor, the lieutenant governor, and the speaker
of the house of representatives under Section 16.051(e).
SECTION 2. Section 36.1071, Water Code, is amended by
amending Subsections (e) and (h) and adding Subsection (i) to read
as follows:
(e) In the management plan described under Subsection (a),
the district shall:
(1) identify the performance standards and management
objectives under which the district will operate to achieve the
management goals identified under Subsection (a);
(2) specify, in as much detail as possible, the
actions, procedures, performance, and avoidance that are or may be
necessary to effect the plan, including specifications and proposed
rules; and
(3) include estimates of the following:
(A) the existing total [usable] amount of
groundwater in drainable storage within the district, which means
the total volume of the aquifer in the district multiplied by the
specific yield;
(B) the amount of groundwater being used within
the district on an annual basis;
(C) the annual amount of recharge from
precipitation, if any, to the groundwater resources within the
district [and how natural or artificial recharge may be increased];
[and]
(D) for each aquifer, the annual volume of water
that discharges from the aquifer to springs and any surface water
bodies, including lakes, streams, and rivers;
(E) the annual volume of flow into and out of the
district within each aquifer and between aquifers in the district,
if a groundwater availability model is available;
(F) the annual volume of groundwater in each
aquifer in the district that is available for use based on the
management philosophy and the desired future condition of the
aquifer as determined by the district;
(G) the projected surface water supply in the
district according to the most recently adopted state water plan;
and
(H) the projected total demand for water in the
district according to the most recently adopted state water plan
[projected water supply and demand for water within the district;
and
[(4) address water supply needs in a manner that is not
in conflict with the appropriate approved regional water plan if a
regional water plan has been approved under Section 16.053].
(h) In developing its management plan, the district shall
use the groundwater availability modeling information provided by
the executive administrator together [in conjunction] with any
available site-specific information that has been provided by the
district to the executive administrator for review and comment
before being used in the plan [and acceptable to the executive
administrator].
(i) In developing its management plan, the district shall
consider the water supply needs and water management strategies
outlined in the approved regional water plan for the region in which
the district is located.
SECTION 3. Sections 36.1072(b), (f), and (g), Water Code,
are amended to read as follows:
(b) Within 60 days of receipt of a management plan adopted
under Section 36.1071, the executive administrator shall certify 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 Sections 36.1071(a) and
(e) [Section 36.1071]. [The executive administrator may determine
that conditions justify waiver of the requirements under Section
36.1071(e)(4).]
(f) If the executive administrator does not certify the
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 certified, the district may submit a
revised management plan for review and certification. The
executive administrator's decision may be appealed to the Texas
Water Development Board. If the Texas Water Development Board
decides not to certify the 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 [The] decision of the
Texas Water Development Board not [on whether] to certify the
management plan may [not] be appealed to a district court in the
county in which the main office of the district is located. 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 later of the expiration of the 180-day
period, [or] the date the Texas Water Development Board has taken
final action withholding certification 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 board 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, "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 board stating that a conflict requiring
resolution may exist between the district's certified [groundwater
conservation district] management plan developed under Section
36.1071 and the state water plan. If a conflict exists, the 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 board, if the conflict has not been resolved,
the district and the involved person or regional planning group
shall 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 [remains], the board shall
resolve the conflict not later than the 60th day after the date the
mediation is completed. The board action under this provision may
be consolidated, at the option of the board, with related action
under Section 16.053(p). If the board determines that resolution
of the conflict requires a revision of the certified groundwater
conservation district management plan, the board shall [suspend the
certification of the plan and] provide information to the district.
The district shall prepare any revisions to the plan based on the
information provided [specified] by the 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 board
comments, prepare, revise, and adopt its plan, and submit the
revised plan to the board for certification. On the request of the
district or the regional water planning group, the board shall
include discussion of the conflict and its resolution in the state
water plan that the 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 board under this subsection, the
district may appeal the decision to a district court in the county
in which the main office of the district is located. Costs for the
appeal shall be set by the court hearing the appeal. An appeal
under this subsection is by trial de novo.
SECTION 4. The change in law made by this Act applies only
to a management plan adopted on or after the effective date of this
Act. A management plan adopted before the effective date of this
Act is covered by the law in effect on the date the management plan
was adopted, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2005.