79R6634 SGA-F
By: Callegari H.B. No. 3310
A BILL TO BE ENTITLED
AN ACT
relating to groundwater planning and data collection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 36.1071(a)-(d), Water Code, are amended
to read as follows:
(a) Following notice and hearing, the district shall, in
coordination with surface water management entities on a regional
basis, develop a comprehensive management plan which addresses the
following management goals, as applicable:
(1) providing the most efficient use of groundwater;
(2) controlling and preventing waste of groundwater;
(3) controlling and preventing subsidence;
(4) addressing conjunctive surface water management
issues;
(5) addressing natural resource issues;
(6) addressing drought conditions; [and]
(7) addressing conservation, recharge enhancement,
rainwater harvesting, or brush control, where appropriate and
cost-effective;
(8) addressing a data collection program that meets
standards established by Texas Water Development Board rules; and
(9) addressing in a quantitative manner the desired
future conditions for the groundwater resources within the district
established by the joint planning of districts under Section
36.108(a-1).
(b) A [After January 5, 2002, a] district management plan,
or any amendments to a district management plan, shall be developed
by the district using the district's best available data and
forwarded to the regional water planning group for consideration in
their planning process.
(c) The commission and the Texas Water Development Board
shall provide technical assistance to a district in the development
of the management plan required under Subsection (a), which may
include, if requested by the district, a preliminary review and
comment on the plan prior to final approval by the board and
information on whether the plan would conflict with an approved
regional water plan. If such review and comment by the commission
is requested, the commission shall provide comment not later than
30 days from the date the request is received.
(d) The commission shall provide technical assistance to a
district during its initial operational phase. The Texas Water
Development Board shall train districts on basic data collection
methodology and provide technical assistance to districts as
provided by Section 16.0122.
SECTION 2. Section 36.1072, Water Code, is amended by
amending Subsections (b), (c), (e), and (g) and adding Subsections
(b-1)-(b-4) to read as follows:
(b) Within 60 days of receipt of a management plan adopted
under Section 36.1071, readopted under Subsection (e) of this
section, or amended under Section 36.1073, the executive
administrator shall certify a management plan that meets the
requirements specified by Subsections (b-1), (b-2), (b-3), and
(b-4).
(b-1) The [if the plan is administratively complete. A]
management plan must contain [is administratively complete when it
contains] the information required to be submitted under Section
36.1071. The executive administrator may determine whether [that]
conditions justify waiver of the requirements under Section
36.1071(e)(4).
(b-2) The management plan's required data collection
program must meet standards for the amount and method of data
collection established by rules adopted by the Texas Water
Development Board.
(b-3) The management plan must assess groundwater
availability in a manner acceptable to the executive administrator,
considering the management goals of the district and the goals
established under the joint planning process conducted under
Section 36.108.
(b-4) The plan must be consistent with achieving the desired
future condition of the groundwater resources in the management
area as determined by the joint planning of the districts under
Section 36.108(a-1).
(c) Once the executive administrator has certified a
[determination that a] management plan [is administratively
complete has been made]:
(1) the executive administrator may not revoke but may
suspend the certification as provided by Subsection (g) or Section
16.053 [determination that a management plan is administratively
complete]; and
(2) the executive administrator may request
additional information from the district if the information is
necessary to clarify, modify, or supplement previously submitted
material, but [; and
[(3)] a request for additional information does not
render the management plan noncertified [incomplete].
(e) The board may review the plan annually and must review
and readopt the plan with or without revisions at least once every
five years. The district shall provide the readopted plan to the
executive administrator not later than the 60th day after the date
on which the plan was readopted.
(g) In this subsection, "development 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 development 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 development board shall facilitate
coordination between the involved person or regional water planning
group and the district to resolve the conflict. If conflict
remains, the development board shall resolve the conflict. The
development board action under this provision may be consolidated,
at the option of the development board, with related action under
Section 16.053(p). If the development board determines that
resolution of the conflict requires a revision of the certified
[groundwater conservation district] management plan, the
development board shall suspend the certification of the plan and
provide information to the district. The district shall prepare
any revisions to the plan specified by the development 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 development board comments, prepare, revise, and
adopt its plan, and submit the revised plan to the development board
for certification. On the request of the district or the regional
water planning group, the development board shall include
discussion of the conflict and its resolution in the state water
plan that the development board provides to the governor, the
lieutenant governor, and the speaker of the house of
representatives under Section 16.051(e).
SECTION 3. Section 36.108, Water Code, is amended by adding
Subsection (a-1) and amending Subsection (d) to read as follows:
(a-1) All districts in the management area shall meet to
jointly determine:
(1) in a quantitative manner, the desired future
conditions of the groundwater resources in the management area; and
(2) groundwater availability for the management area,
using groundwater availability models developed by the executive
administrator or other data approved by the executive
administrator.
(d) A district in the management area may file with good
cause a petition with the commission requesting an inquiry if:
(1) districts in the management area have not
participated in the process established by Subsection (a-1); or
(2) the petitioner district adopted a resolution
calling for joint planning and the other district or districts
refused to join in the planning process or the process failed to
result in adequate planning, and the petition provides evidence
that:
(A) [(1)] another district in the management
area has failed to adopt rules;
(B) [(2)] the groundwater in the management area
is not adequately protected by the rules adopted by another
district; or
(C) [(3)] the groundwater in the management area
is not adequately protected due to the failure of another district
to enforce substantial compliance with its rules.
SECTION 4. Section 36.301, Water Code, is amended to read as
follows:
Sec. 36.301. FAILURE TO SUBMIT A MANAGEMENT PLAN. If a
board fails to submit a management plan or readopted management
plan to receive certification of its management plan under Section
36.1072 or fails to submit or receive certification of an amendment
to the management plan under Section 36.1073, the commission shall
take appropriate action under Section 36.303.
SECTION 5. Section 36.3011(b), Water Code, is amended to
read as follows:
(b) Not later than the 45th day after receiving the review
panel's report under Section 36.108, the executive director or the
commission shall take action to implement any or all of the panel's
recommendations. The commission may take any action it considers
necessary in accordance with Section 36.303 if [If] the commission
finds that:
(1) a district in the joint planning area has not
participated in establishing an assessment of groundwater
availability for the management area or the desired future
condition for the groundwater resources of the management area;
(2) a district in the joint planning area has failed to
adopt rules;
(3) [,] the groundwater in the management area is not
adequately protected by the rules adopted by a [the] district; [,]
or
(4) the groundwater in the management area is not
adequately protected because of a [the] district's failure to
enforce substantial compliance with its rules[, the commission may
take any action it considers necessary in accordance with Section
36.303].
SECTION 6. Section 36.303(a), Water Code, is amended to
read as follows:
(a) If Section 36.108, 36.301, 36.3011, or 36.302(f)
applies, the commission, after notice and hearing in accordance
with Chapter 2001, Government Code, shall take action the
commission considers appropriate, including:
(1) issuing an order requiring the district to take
certain actions or to refrain from taking certain actions;
(2) dissolving the board in accordance with Sections
36.305 and 36.307 and calling an election for the purpose of
electing a new board;
(3) requesting the attorney general to bring suit for
the appointment of a receiver to collect the assets and carry on the
business of the groundwater conservation district; or
(4) dissolving the district in accordance with
Sections 36.304, 36.305, and 36.308.
SECTION 7. Subchapter B, Chapter 16, Water Code, is amended
by adding Section 16.0122 to read as follows:
Sec. 16.0122. TECHNICAL ASSISTANCE FOR GROUNDWATER
MANAGEMENT AREAS. For each groundwater management area established
under Sections 35.007 and 35.008, the executive administrator shall
provide one or more employees of the board to assist the groundwater
conservation districts in the management area. The employees shall
provide assistance:
(1) training district employees or the district board
on basic data collection protocols;
(2) collecting and interpreting data;
(3) providing technical services or expertise;
(4) conducting hydrogeologic investigations;
(5) providing groundwater availability modeling;
(6) developing a district's groundwater management
plan;
(7) preparing for or conducting a joint planning
effort for districts in a groundwater management area or for a
district and a regional water planning group established under
Section 16.053, including assistance in avoiding and resolving
conflicts;
(8) estimating groundwater availability based on
district policy decisions; and
(9) providing education.
SECTION 8. Section 212.0101, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) The Texas [Natural Resource Conservation] Commission on
Environmental Quality by rule shall establish the appropriate form
and content of a certification to be attached to a plat application
under this section.
(c) The Texas Commission on Environmental Quality, in
consultation with the Texas Water Development Board, by rule shall
require a municipal authority to transmit to the Texas Water
Development Board information received under this section that
would be useful in:
(1) performing groundwater conservation district
activities;
(2) conducting regional water planning;
(3) maintaining the state's groundwater database; or
(4) conducting studies for the state related to
groundwater.
(d) Under a rule adopted to comply with Subsection (c), the
municipal authority shall forward information described by that
subsection to the Texas Water Development Board not later than the
90th day after the date on which the information was received.
SECTION 9. Section 232.0032, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) The Texas [Natural Resource Conservation] Commission on
Environmental Quality by rule shall establish the appropriate form
and content of a certification to be attached to a plat application
under this section.
(c) The Texas Commission on Environmental Quality, in
consultation with the Texas Water Development Board, by rule shall
require the commissioners court of a county to transmit to the Texas
Water Development Board information received under this section
that would be useful in:
(1) performing groundwater conservation district
activities;
(2) conducting regional water planning;
(3) maintaining the state's groundwater database; or
(4) conducting studies for the state related to
groundwater.
(d) Under a rule adopted to comply with Subsection (c), the
commissioners court shall forward information described by that
subsection to the Texas Water Development Board not later than the
90th day after the date on which the information was received.
SECTION 10. The Texas Commission on Environmental Quality
and the Texas Water Development Board shall adopt any rules,
models, and forms necessary for the implementation of the
groundwater management area planning functions required by this Act
not later than September 1, 2006.
SECTION 11. This Act takes effect September 1, 2005.