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.