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By: Averitt S.B. No. 1451
A BILL TO BE ENTITLED
AN ACT
relating to the management of groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 15, Water Code, is amended
by adding Section 15.4062 to read as follows:
Sec. 15.4062. FUNDING FOR GROUNDWATER MANAGEMENT
COORDINATION. (a) The board may enter into a contract with a
political subdivision designated as a representative of a
groundwater management area council established under Section
36.108 to pay from the research and planning fund all or part of the
cost of performing the groundwater management area planning
functions required of the groundwater management area council under
Section 36.108.
(b) A political subdivision may submit, either individually
or jointly with other political subdivisions, a written application
to the board to request assistance paying for the planning
functions required under Section 36.108.
(c) The application must be in the manner and form
prescribed by board rules and include:
(1) the name of each political subdivision
participating in the application;
(2) a citation to each law under which each political
subdivision was created and is operating, including specific
citation of any law providing authority to perform the functions
under Section 36.108;
(3) the amount of money being requested; and
(4) any other relevant information required by board
rules or specifically requested by the board.
(d) After providing notice of and conducting a hearing on
the application, the board may award the applicant the amount of
money the board considers necessary to perform the functions under
Section 36.108.
(e) If the board grants an application under this section
and awards money, the board shall enter into a contract with each
participating political subdivision that includes:
(1) a detailed statement of the purpose for which the
money is to be used;
(2) the total amount of the award to be paid by the
board from the research and planning fund; and
(3) any other terms and conditions required by board
rules or agreed to by the contracting parties.
(f) The board shall adopt rules establishing criteria for
making grants of money under this section that include:
(1) the relative need of the political subdivision for
the money;
(2) the legal authority of the political subdivision
to perform the duties required under the contract; and
(3) the degree to which groundwater management area
planning by each political subdivision for the groundwater
management area council will address the issues of groundwater
management in the groundwater management area.
(g) The board may not award money under this section if
existing information is sufficient for the performance of functions
under Section 36.108.
(h) The board shall require that information developed or
revised under a contract entered into under this section be made
available to the commission, the Department of Agriculture, and the
Parks and Wildlife Department.
SECTION 2. 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 Section 35.007, the executive administrator shall provide one
or more employees of the board to assist the groundwater management
area council and the districts in the council's groundwater
management area. The employees shall provide assistance:
(1) training district employees or the district board
on basic data collection protocols;
(2) collecting and interpreting information;
(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; and
(8) providing education.
SECTION 3. Section 16.053, Water Code, is amended by
amending Subsections (c) and (e) and adding Subsection (d-1) to
read as follows:
(c) No later than 60 days after the designation of the
regions under Subsection (b), the board shall designate
representatives within each regional water planning area to serve
as the initial coordinating body for planning. The initial
coordinating body may then designate additional representatives to
serve on the regional water planning group. The initial
coordinating body shall designate additional representatives if
necessary to ensure adequate representation from the interests
comprising that region, including the public, counties,
municipalities, industries, agricultural interests, environmental
interests, small businesses, electric generating utilities, river
authorities, water districts, and water utilities. The regional
water planning group shall maintain adequate representation from
those interests. In addition, representatives of the board, the
Parks and Wildlife Department, and the Department of Agriculture
shall serve as ex officio members of each regional water planning
group. If a regional water planning area includes land dedicated to
the permanent university fund, the executive director of University
Lands--West Texas Operations serves as a nonvoting member of the
regional water planning group for that area.
(d-1) The applicable groundwater management area councils
shall provide to each regional water planning group and the board
their adopted estimates of the amount of managed available
groundwater in each applicable groundwater management area.
(e) Each regional water planning group shall submit to the
board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the board under Section 16.051(d);
(2) provides information based on data provided or
approved by the board in a format consistent with the guidelines
provided by the board under Subsection (d);
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
applicable groundwater management area councils under Subsection
(d-1) on the amount of managed available groundwater in the
applicable groundwater management areas, in accordance with the
guidelines provided by the board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response; and
(C) actions to be taken as part of the response;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region;
(B) approved [certified] groundwater
conservation district management plans and other plans submitted
under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, acquisition of
available existing water supplies, and development of new water
supplies, including, if appropriate, groundwater produced from
land dedicated to the permanent school fund or permanent university
fund;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; and
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder;
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists; and
(8) describes the impact of proposed water projects on
water quality.
SECTION 4. Subsection (c), Section 35.004, Water Code, is
amended to read as follows:
(c) The Texas Water Development Board may not alter the
boundaries of designated management areas [as required by future
conditions and as justified by factual data. An alteration of
boundaries does not invalidate the previous creation of any
district].
SECTION 5. Subsection (a), Section 35.007, Water Code, is
amended to read as follows:
(a) The executive director and the executive administrator
shall meet periodically to identify, based on information gathered
by the commission and the Texas Water Development Board, those
areas of the state that are experiencing or that are expected to
experience, within the immediately following 50-year [25-year]
period, critical groundwater problems, including shortages of
surface water or groundwater, land subsidence resulting from
groundwater withdrawal, and contamination of groundwater supplies.
Not later than September 1, 2005, the commission, with assistance
and cooperation from the Texas Water Development Board, shall
complete the initial designation of priority groundwater
management areas across all major and minor aquifers of the state
for all areas that meet the criteria for that designation. The
studies may be prioritized considering information from the
regional planning process, information from the Texas Water
Development Board groundwater management areas and from
groundwater conservation districts, and any other information
available. After the initial designation of priority groundwater
management areas, the commission and the Texas Water Development
Board shall annually review the need for additional designations as
provided by this subsection.
SECTION 6. Section 35.009, Water Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The commission shall also give written notice of the
date, time, place, and purpose of the hearing to:
(1) each state senator and state representative who
represents any part of the area proposed for designation as a
priority groundwater management area; and
(2) the governing body of each county, regional water
planning group, adjacent groundwater district, municipality, river
authority, water district, or other entity which supplies public
drinking water, including each holder of a certificate of
convenience and necessity issued by the commission, and of each
irrigation district, located either in whole or in part in the
priority groundwater management area or proposed priority
groundwater management area.
(d) The notice required under Subsection (c) must be given
before the 30th day preceding the date set for the hearing.
SECTION 7. Subsection (b), Section 35.018, Water Code, is
amended to read as follows:
(b) The report must include:
(1) the names and locations of all priority
groundwater management areas and districts created or attempted to
be created on or after November 5, 1985, the effective date of
Chapter 133 (H.B. No. 2), Acts of the 69th Legislature, Regular
Session, 1985;
(2) the authority under which each priority
groundwater management area and district was proposed for creation;
(3) a detailed analysis of each election held to
confirm the creation of a district, including analysis of election
results, possible reasons for the success or failure to confirm the
creation of a district, and the possibility for future voter
approval of districts in areas in which attempts to create
districts failed;
(4) a detailed analysis of the activities of each
district created, including those districts which are implementing
management plans approved [certified] under Section 36.1072;
(5) a report on [audits performed on districts under
Section 36.302 and] remedial actions taken under Section 36.303;
(6) recommendations for changes in this chapter and
Chapter 36 that will facilitate the creation of priority
groundwater management areas and the creation and operation of
districts;
(7) a report on educational efforts in newly
designated priority groundwater management areas; and
(8) any other information and recommendations that the
commission considers relevant.
SECTION 8. Section 36.001, Water Code, is amended by adding
Subdivision (24) to read as follows:
(24) "Managed available groundwater" means the amount
of water that may be permitted by a district for beneficial use in
accordance with the desired future condition of the aquifer as
determined by the groundwater management area council.
SECTION 9. Section 36.0015, Water Code, is amended to read
as follows:
Sec. 36.0015. PURPOSE. In order to provide for the
conservation, preservation, protection, recharging, and prevention
of waste of groundwater, and of groundwater reservoirs or their
subdivisions, and to control subsidence caused by withdrawal of
water from those groundwater reservoirs or their subdivisions,
consistent with the objectives of Section 59, Article XVI, Texas
Constitution, groundwater conservation districts may be created as
provided by this chapter. [Groundwater conservation districts
created as provided by this chapter are the state's preferred
method of groundwater management through rules developed, adopted,
and promulgated by a district in accordance with the provisions of
this chapter.]
SECTION 10. Subchapter A, Chapter 36, Water Code, is
amended by adding Section 36.0016 to read as follows:
Sec. 36.0016. POLICY GOAL. It is the policy goal of this
chapter to ensure the consistent management of groundwater in a
shared management area by the groundwater conservation districts
located in that area.
SECTION 11. Subsections (a), (b), and (d) through (g),
Section 36.1071, 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, precipitation enhancement, 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 groundwater management area council under
Section 36.108.
(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 use
[consideration] in their planning process.
(d) The commission shall provide technical assistance to a
district during its initial operational phase. If requested by a
district, the Texas Water Development Board shall train the
district on basic information collection methodology and provide
technical assistance to districts as provided by Section 16.0122.
(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;
(3) include estimates of the following:
(A) managed available [the existing total usable
amount of] groundwater in the district as provided by the executive
administrator and based on the desired future condition of the
aquifers established by the groundwater management area council
under Section 36.108;
(B) the amount of groundwater [being] used within
the district on an annual basis for each of the preceding 10 years;
(C) the annual amount of recharge, if any, to the
groundwater resources within the district and how natural or
artificial recharge may be increased; and
(D) the projected water supply and projected
demand for water within the district; and
(4) address water supply needs in a manner that is not
in conflict with the adopted state [appropriate approved regional]
water plan [if a regional water plan has been approved under Section
16.053].
(f) The district shall adopt rules necessary to implement
the management plan. Before the development of the management plan
and its approval under Section 36.1072, the district may not adopt
rules other than rules pertaining to the registration and continued
operation of existing wells and rules governing procedure before
the district's board. The district may accept applications for
permits under Section 36.113, except that the district may not act
on any such application until the district's management plan is
approved as provided by Section 36.1072, unless special
circumstances are demonstrated that necessitate granting one or
more interim authorizations to drill and operate new wells before
the management plan's approval.
(g) The district [board] shall adopt amendments to the
management plan as necessary. Amendments to the management plan
shall be adopted after notice and hearing and shall otherwise
comply with the requirements of this section.
SECTION 12. Section 36.1072, Water Code, is amended to read
as follows:
Sec. 36.1072. COUNCIL [TEXAS WATER DEVELOPMENT BOARD]
REVIEW AND APPROVAL [CERTIFICATION] OF MANAGEMENT PLAN. (a) A
district shall, not later than three [two] years after the creation
of the district or, if the district required confirmation, after
the election confirming the district's creation, submit the
management plan required under Section 36.1071 to the executive
administrator for review and comment and to the groundwater
management area council for review and approval [certification].
The executive administrator shall provide comments to the
groundwater management area council and groundwater district on the
plan, including whether the plan contains goals and objectives
consistent with achieving the desired future condition of the
relevant aquifers as adopted by the groundwater management area
council under Section 36.108.
(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 council [executive
administrator] shall approve [certify] a management plan that
contains goals and objectives consistent with achieving the desired
future condition of the relevant aquifers as adopted by the
groundwater management area council under Section 36.108 and that
contains [if the plan is administratively complete. A management
plan is administratively complete when it contains] the information
required to be submitted under Section 36.1071. The groundwater
management area council [executive administrator] may determine
whether [that] conditions justify waiver of the requirements under
Section 36.1071(e)(4).
(c) Once the groundwater management area council has
approved a [determination that a] management plan [is
administratively complete has been made]:
(1) the council [executive administrator] may not
revoke but may suspend the approval as provided by Subsection (g)
[determination that a management plan is administratively
complete]; and
(2) the council [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 unapproved [incomplete].
(d) A management plan takes effect on approval
[certification] by the groundwater management area council
[executive administrator] or, if appealed, on approval
[certification] by the Texas Water Development Board.
(e) The district [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 and groundwater management area
council not later than the 60th day after the date on which the plan
was readopted. Approval of the preceding management plan remains
in effect until:
(1) the district fails to timely readopt a management
plan;
(2) the district fails to timely submit the district's
readopted management plan to the executive administrator or the
council; or
(3) the council determines that the readopted
management plan does not meet the requirements for approval, and
the district has exhausted all appeals to the Texas Water
Development Board.
(f) If the groundwater management area council [executive
administrator] does not approve [certify] the management plan, the
council [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 approved [certified],certification].
The council's [executive administrator's] decision may be appealed
to the Texas Water Development Board. The decision of the Texas
Water Development Board on whether to approve [certify] the
management plan may [not] be appealed to a district court in the
county where the district is headquartered. 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 approval [certification] of a revised management plan.
(g) In this subsection, "development board" means the Texas
Water Development Board, and "council" means the groundwater
management area council. A person with a legally defined interest
in groundwater in a district or the regional water planning group
may file a petition with the council [board] stating that a conflict
requiring resolution may exist between the district's approved
[certified groundwater conservation district] management plan
developed under Section 36.1071 and the state water plan. If a
conflict exists, the council [board] shall facilitate coordination
between the involved person or regional water planning group and
the district to resolve the conflict. If conflict remains, the
council shall petition the development board to [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 approved [certified groundwater conservation district]
management plan, the council [board] shall suspend the approval
[certification] of the plan and provide information to the
district. The district shall prepare any revisions to the plan
specified by the council [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 council [board] for approval [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 13. Section 36.1073, Water Code, is amended to read
as follows:
Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment
to the management plan shall be submitted to the groundwater
management area council and the executive administrator for review
and comment within 60 days following adoption of the amendment by
the district's board. The council [executive administrator] shall
review and approve and the executive administrator shall review and
comment on [certify] any amendment which substantially affects the
management plan in accordance with the procedures established under
Section 36.1072.
SECTION 14. Subchapter D, Chapter 36, Water Code, is
amended by amending Section 36.108 and adding Sections 36.1081 and
36.1082 to read as follows:
Sec. 36.108. GROUNDWATER MANAGEMENT AREA COUNCIL; [JOINT]
PLANNING IN MANAGEMENT AREA. (a) In this section, "development
board" means the Texas Water Development Board.
(b) The development board shall establish a groundwater
management area council for each management area designated under
Section 35.004 and shall appoint the members of the council, except
as provided by this section. The groundwater management area
council shall ensure the coordination of groundwater management in
each management area.
(c) Each groundwater management area council is composed of
the following representatives:
(1) the presiding officer of each groundwater
conservation district in the groundwater management area or the
presiding officer's designee;
(2) one additional representative of each multicounty
groundwater conservation district, if the district chooses to
appoint one; and
(3) residents of a district in the groundwater
management area appointed by the development board as follows:
(A) one representative of retail water utility or
municipal interests located wholly or partly in the groundwater
management area;
(B) one representative of a regional water
planning group, as designated under Section 16.053, to represent
all the regional water planning groups located wholly or partly in
the groundwater management area;
(C) one representative of agricultural interests
who is an individual actively engaged in production agriculture;
(D) one representative of industrial or
manufacturing interests located wholly or partly in the groundwater
management area; and
(E) if applicable, one representative who holds a
permit from a district to use groundwater outside the boundaries of
the district.
(d) If the number of representatives on the groundwater
management area council that results from the application of
Subsection (c) is an even number, the representatives shall appoint
an additional representative by a two-thirds vote of those
representatives. The additional member must be a resident of a
district in the groundwater management area with a reasonable
knowledge of groundwater issues and hydrology in the area.
(e) The groundwater management area council shall elect one
of the representatives as presiding officer of the council.
(f) A person appointed under Subsection (c)(3) or (d) may
not be an employee or officer of a district or a state or federal
agency.
(g) A member of the council appointed under Subsection
(c)(3) or (d) serves a two–year term expiring August 31 of each
odd-numbered year. If a vacancy occurs, the council shall appoint a
successor not later than the 60th day after the date the council
receives notice of the vacancy.
(h) After funding is made available and not later than the
fifth anniversary of the appointment of a groundwater management
area council, and at least every fifth year after that anniversary,
each groundwater management area council shall adopt a statement
that in a quantified manner provides an estimate of the managed
available groundwater in the groundwater management area and
describes the desired future conditions of each aquifer in the
groundwater management area, which may include protection of
springflow in the area.
(i) A groundwater management area council may:
(1) in coordination with the executive administrator,
perform areawide hydrogeologic studies and modeling as supplements
to the groundwater availability models obtained or developed by the
executive administrator under Section 16.012;
(2) coordinate with a district, regional water
planning group, political subdivision, the commission, the
development board, or any other person or entity regarding
groundwater management;
(3) establish groundwater monitoring networks in the
groundwater management area; and
(4) designate a political subdivision to perform a
duty required by this section, including by executing a necessary
contract.
(j) In adopting the desired future conditions of each
aquifer under Subsection (h), each groundwater management area
council shall:
(1) use groundwater availability models developed by
the executive administrator or other information approved by the
executive administrator; and
(2) consider recommendations that districts or other
interested persons in the groundwater management area propose.
(k) The commission and the development board shall provide
technical assistance to a groundwater management area council in
the development of the statement adopted under Subsection (h).
(l) Each groundwater management area council shall submit
the council's final statement adopted under Subsection (h) to the
executive administrator for review and comment. If the development
board finds that the submitted statement and estimate are in
conflict with the state water plan or the groundwater availability
adopted by the development board for the council's groundwater
management area, the development board shall provide comment and
recommendations to the council to resolve the conflict. The
council shall amend the adopted statement and estimate accordingly.
The executive administrator shall provide an estimate of managed
available groundwater to the groundwater management area council
based on the council's statement adopted under Subsection (h).
(m) Each groundwater management area council shall:
(1) conduct all meetings in accordance with Chapter
551, Government Code;
(2) provide notice for each meeting in the manner
prescribed by Chapter 551, Government Code, for a district board of
directors meeting; and
(3) comply with the provisions of Chapter 552,
Government Code.
(n) A cause of action does not accrue against a groundwater
management area council, a representative serving on a groundwater
management area council, or an employee of a political subdivision
designated under Subsection (i)(4) for an act or omission if the
council, representative, or employee committed the act or omission
while acting in good faith and in the course and scope of the
council's, representative's, or employee's work related to the
groundwater management area council.
(o) A groundwater management area council, a representative
serving on a groundwater management area council, or an employee of
a political subdivision designated under Subsection (i)(4) is not
liable for damages arising from an act or omission if the council,
representative, or employee committed the act or omission while
acting in good faith and in the course and scope of the council's,
representative's, or employee's work related to the groundwater
management area council.
(p) On request, the attorney general shall represent a
groundwater management area council, a representative serving on a
groundwater management area council, or an employee of a political
subdivision designated under Subsection (i)(4) in a suit arising
from an act or omission relating to the groundwater management area
council.
(q) A person with a legally defined interest in the
groundwater in the groundwater management area, a district in or
adjacent to the groundwater management area, or a regional water
planning group for a region in the groundwater management area may
file a petition with the development board appealing the approval
of the groundwater management area plan. The petition must provide
evidence that:
(1) the groundwater management area plan does not
establish a reasonable desired future condition of the groundwater
resources in the groundwater management area;
(2) the management area plan does not establish
reasonable groundwater availability for the district; or
(3) the groundwater in the groundwater management area
will not be adequately protected.
(r) The development board shall review the petition and any
evidence relevant to the petition. The development board shall
hold at least one hearing at a central location in the management
area to take testimony on the petition. The development board may
delegate responsibility for a hearing to the executive
administrator or to a person designated by the executive
administrator. If the development board finds that the groundwater
management area plan requires revision, the development board shall
submit a report to the groundwater management area council that
includes a list of findings and recommended revisions to the
groundwater management area plan.
(s) The groundwater management area council shall prepare a
revised plan in accordance with development board recommendations
and hold, after notice, at least one public hearing at a central
location in the groundwater management area. After consideration
of all public and development board comments, the council shall
revise the plan and submit the plan to the development board for
review [If two or more districts are located within the boundaries
of the same management area, each district shall prepare a
comprehensive management plan as required by Section 36.1071
covering that district's respective territory. On completion and
certification of the plan as required by Section 36.1072, each
district shall forward a copy of the new or revised management plan
to the other districts in the management area. The boards of the
districts shall consider the plans individually and shall compare
them to other management plans then in force in the management area.
[(b) The board of directors of each district in the
management area may, by resolution, call for joint planning with
the other districts in the management area to review the management
plans and accomplishments for the management area. In reviewing
the management plans, the boards shall consider:
[(1) the goals of each management plan and its impact
on planning throughout the management area;
[(2) the effectiveness of the measures established by
each management plan for conserving and protecting groundwater and
preventing waste, and the effectiveness of these measures in the
management area generally; and
[(3) any other matters that the boards consider
relevant to the protection and conservation of groundwater and the
prevention of waste in the management area.
[(c) If a joint meeting of the boards of directors is
called, the meeting must be held in accordance with Chapter 551,
Government Code. Notice of the meeting shall be given in accordance
with the requirements for notice of district board of directors
meetings under that Act].
Sec. 36.1081. PETITION AGAINST DISTRICT. (a) At least
every five years a groundwater [(d) A district in the] management
area council shall review the management plan and the performance
of each district in the groundwater management area. A district or
a groundwater management area council for good cause may file [with
good cause] a petition with the commission requesting an inquiry if
[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]:
(1) a [another] district in the groundwater management
area has failed to submit its management plan to the executive
administrator and the groundwater management area council [adopt
rules];
(2) a district in the groundwater management area has
failed to adopt or make reasonable progress toward adopting rules;
(3) the rules adopted by a district are not designed to
achieve the desired future condition of the groundwater resources
in the groundwater management area established by the groundwater
management area plan [the groundwater in the management area is not
adequately protected by the rules adopted by another district]; or
(4) [(3)] the groundwater in the groundwater
management area is not adequately protected due to the failure of a
[another] district to enforce substantial compliance with its
rules.
(b) [(e)] Not later than the 90th day after the date the
petition is filed, the commission shall review the petition and
either:
(1) dismiss the petition if the commission [it if it]
finds that the evidence is not adequate to show that any of the
conditions alleged in the petition exist; or
(2) select a review panel as provided in Subsection
(c) [(f)].
(c) [(f)] If the petition is not dismissed under Subsection
(b) [(e)], the commission shall appoint a review panel consisting
of a chairman and four other members. A director or general manager
of a district located outside the groundwater management area that
is the subject of the petition may be appointed to the review panel.
The commission may not appoint more than two members of the review
panel from any one district. The commission also shall appoint a
disinterested person to serve as a nonvoting recording secretary
for the review panel. The recording secretary may be an employee of
the commission. The recording secretary shall record and document
the proceedings of the panel.
(d) [(g)] Not later than the 120th day after appointment,
the review panel shall review the petition and any evidence
relevant to the petition and, in a public meeting, consider and
adopt a report to be submitted to the commission. The commission
may direct the review panel to conduct public hearings at a location
in the groundwater management area to take evidence on the
petition. The review panel may attempt to negotiate a settlement or
resolve the dispute by any lawful means.
(e) [(h)] In its report, the review panel shall include:
(1) a summary of all evidence taken in any hearing on
the petition;
(2) a list of findings and recommended actions
appropriate for the commission to take and the reasons it finds
those actions appropriate; and
(3) any other information the panel considers
appropriate.
(f) [(i)] The review panel shall submit its report to the
commission. The commission may take action under Section 36.3011.
Sec. 36.1082. DISTRICT COOPERATION. [(j)] Districts
located within the same groundwater management areas or in adjacent
management areas may contract to jointly conduct studies or
research, or to construct projects, under terms and conditions that
the districts consider beneficial. These joint efforts may include
studies of groundwater availability and quality, aquifer modeling,
and the interaction of groundwater and surface water; educational
programs; the purchase and sharing of equipment; and the
implementation of projects to make groundwater available,
including aquifer recharge, brush control, weather modification,
desalination, regionalization, and treatment or conveyance
facilities. The districts may contract under their existing
authorizations including those of Chapter 791, Government Code, if
their contracting authority is not limited by Sections
791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
SECTION 15. Sections 36.111 and 36.112, Water Code, are
amended to read as follows:
Sec. 36.111. RECORDS AND REPORTS. (a) A [The] district
shall require that records be kept and reports be made of the
drilling, equipping, and completing of water wells and of the
production and use of groundwater.
(b) A district by rule may establish that the records and
reports required under Texas Commission of Licensing and Regulation
rules or under Chapter 1901, Occupations Code, satisfy the
requirements of Subsection (a).
Sec. 36.112. DRILLERS' LOGS. (a) A district shall require
that accurate drillers' logs be kept of water wells and that copies
of drillers' logs and electric logs be filed with the district.
(b) A district by rule may establish that the well log
required under Texas Commission of Licensing and Regulation rules
or under Chapter 1901, Occupations Code, satisfies the requirements
of Subsection (a).
SECTION 16. Subchapter D, Chapter 36, Water Code, is
amended by adding Section 36.1152 to read as follows:
Sec. 36.1152. PERMITS BASED ON MANAGED AVAILABLE
GROUNDWATER. (a) Except as provided by Subsection (b), a
district, to the extent possible, shall issue permits up to the
point that the total volume of groundwater permitted equals the
managed available groundwater, if administratively complete permit
applications are submitted to the district.
(b) If a district proposes, based on sound science, to limit
the volume of groundwater permitted to less than the managed
available groundwater, the district must obtain the approval of the
groundwater management area council. Before acting on the request,
the groundwater management area council shall obtain and consider
the executive administrator's technical review and analysis of the
science on which the request is based.
(c) The groundwater management area council:
(1) shall approve a district's proposed limit under
Subsection (b) if the total reduction from the managed available
groundwater does not exceed 12.5 percent; and
(2) may approve a limit resulting in a reduction
greater than 12.5 percent.
SECTION 17. Subsections (a) and (b), Section 36.116, Water
Code, are amended to read as follows:
(a) In order to minimize as far as practicable the drawdown
of the water table or the reduction of artesian pressure, to control
subsidence, to prevent interference between wells, to prevent
degradation of water quality, or to prevent waste, a district by
rule may regulate:
(1) the spacing of water wells by:
(A) requiring all water wells to be spaced a
certain distance from property lines or adjoining wells;
(B) requiring wells with a certain production
capacity, pump size, or other characteristic related to the
construction or operation of and production from a well to be spaced
a certain distance from property lines or adjoining wells; or
(C) imposing spacing requirements adopted by the
board; and
(2) the production of groundwater by:
(A) setting production limits on wells;
(B) limiting the amount of water produced based
on acreage or tract size;
(C) limiting the amount of water that may be
produced from a defined number of acres assigned to an authorized
well site;
(D) limiting the maximum amount of water that may
be produced on the basis of acre-feet per acre or gallons per minute
per well site per acre; [or]
(E) managed depletion; or
(F) any combination of the methods listed above
in Paragraphs (A) through (E) [(D)].
(b) In promulgating any rules limiting groundwater
production, the district may preserve historic or existing use
before the effective date of the rules to the maximum extent
practicable consistent with the district's comprehensive
management plan under Section 36.1071 and as provided by Section
36.113.
SECTION 18. Subchapter D, Chapter 36, Water Code, is
amended by adding Section 36.125 to read as follows:
Sec. 36.125. APPEAL OF DISTRICT ACTION TO DISPUTE
RESOLUTION PANEL. (a) If a dispute arises between a district and
a person affected by an action taken by the district under this
subchapter, either the district or the affected person may file a
petition with the commission requesting the appointment of a
dispute resolution panel to assist the parties in reaching a
resolution of the dispute. Not later than the 10th day after the
date the petition is filed, any party may submit to the commission a
written objection to the appointment of a panel.
(b) A petition filed under this section must include:
(1) the name of and contact information for each
party;
(2) a brief summary of the dispute along with a copy of
any relevant document, including a permit, an application, a
timeline, the district's enabling statute, a rule, a groundwater
management plan, or the groundwater management area plan; and
(3) other information required by the commission.
(c) Not later than the 60th day after the date the petition
is filed, the commission shall review the petition and:
(1) dismiss it if the commission finds that the
petition is baseless, is frivolous, or fails to present an issue
that is appropriate for panel review or finds that there is
reasonable basis for the objection filed under Subsection (a); or
(2) select a panel as provided by Subsection (e).
(d) If the petition is dismissed, the commission shall
provide the reasons for the dismissal in writing to the district and
the affected person.
(e) If the petition is not dismissed, the commission shall,
in accordance with an interagency contract, request the Center for
Public Policy Dispute Resolution to select a three-member dispute
resolution panel. The panel shall be selected within 30 days of the
commission's request. All panel members must be individuals who
are not involved in or affected by the matter in dispute and whose
expertise and knowledge may be useful in resolving the dispute. The
presiding officer of the panel must also be an impartial third
party, have expertise and classroom training in resolving public
policy disputes, and have knowledge of groundwater law in Texas.
The panel members' costs shall be shared equally among the parties,
unless agreed to otherwise. The commission shall compensate the
Center for its costs related to this subsection.
(f) Not later than the 45th day after the date the panel is
selected, the panel shall review the petition and any information
relevant to the petition and begin holding meetings with the
parties to assist them in resolving the dispute. The panel may
consolidate multiple parties, appoint a person to represent
multiple parties, invite additional parties, or dismiss parties as
the panel considers appropriate. The Texas Water Development Board
and the commission shall provide technical and legal assistance as
requested by the panel.
(g) Not later than the 90th day after the panel's first
meeting with the parties, the panel shall report to the commission
whether the parties have reached a settlement. If no settlement has
been reached, the commission shall dissolve the panel and the
parties may proceed with any other available remedy, including
those provided under Subchapter H.
(h) A court of this state shall take judicial notice of a
dispute resolution panel under this section and may stay an
affected judicial proceeding pending a settlement of the dispute or
the dissolution of the panel.
SECTION 19. Subsection (a), Section 36.157, Water Code, is
amended to read as follows:
(a) A district may pay all costs and expenses necessarily
incurred in the creation and organization of a district, including
legal fees and other incidental expenses, and may reimburse any
person, including a county, for money advanced for these purposes.
SECTION 20. 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 approval [certification] of its management plan
under Section 36.1072 or fails to submit or receive approval
[certification] of an amendment to the management plan under
Section 36.1073, the commission shall take appropriate action under
Section 36.303.
SECTION 21. Section 36.3011, Water Code, is amended to read
as follows:
Sec. 36.3011. FAILURE OF [A] DISTRICT TO COMPLY WITH
GROUNDWATER MANAGEMENT AREA PLAN [CONDUCT JOINT PLANNING].
[(a) If the board of a district within a common management area
fails to forward a copy of its new or revised certified management
plan under Section 36.108, the commission shall take appropriate
action under Section 36.303.
[(b)] Not later than the 45th day after receiving the review
panel's report under Section 36.1081 [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
against a district it considers necessary in accordance with
Section 36.303 if [If] the commission finds that:
(1) a district [in the joint planning area] has failed
to submit its plan to the executive administrator and the
groundwater management area council;
(2) a district has failed to adopt rules;
(3) the rules adopted by the district are not designed
to achieve the desired future condition of the groundwater
resources in the groundwater management area established under the
groundwater management area plan; or
(4) the district fails[, the groundwater in the
management area is not adequately protected by the rules adopted by
the district, or the groundwater in the management area is not
adequately protected because of 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 22. Section 36.302, Water Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The state auditor may perform the review under
Subsection (a) following the first anniversary of the initial
approval [certification] of the plan [by the Texas Water
Development Board] under Section 36.1072 and at least as often as
once every seven years after that date, subject to a risk assessment
and to the legislative audit committee's approval of including the
review in the audit plan under Section 321.013, Government Code.
(d-1) The state auditor shall review any district that has
an accounts payable balance of $25,000 or more that is more than 12
months past due for consulting fees, including fees for
accountants, attorneys, financial advisors, engineers, and
geologists.
SECTION 23. Subchapter C, Chapter 66, Education Code, is
amended by adding Section 66.46 to read as follows:
Sec. 66.46. LEASE OF RIGHT TO PRODUCE GROUNDWATER. A lease
of the right to produce groundwater from lands set aside and
appropriated to, or acquired by, the permanent university fund must
be awarded through competitive bidding unless:
(1) the lessee is a political subdivision of this
state or an end user of the water; or
(2) the lease entitles the lessee to produce less than
125,000 gallons of water per day.
SECTION 24. Chapter 325, Government Code, is amended by
adding Sections 325.025 and 325.026 to read as follows:
Sec. 325.025. GROUNDWATER CONSERVATION DISTRICTS SUBJECT
TO REVIEW. (a) A groundwater conservation district listed in
Subsection (b) is subject to review under this chapter as if it were
a state agency but is not abolished under this chapter.
(b) This section applies only to:
(1) Anderson County Underground Water Conservation
District;
(2) Bandera County River Authority and Groundwater
District;
(3) Barton Springs-Edwards Aquifer Conservation
District;
(4) Bee Groundwater Conservation District;
(5) Blanco-Pedernales Groundwater Conservation
District;
(6) Bluebonnet Groundwater Conservation District;
(7) Brazoria County Groundwater Conservation
District;
(8) Brazos Valley Groundwater Conservation District;
(9) Brewster County Groundwater Conservation
District;
(10) Clear Fork Groundwater Conservation District;
(11) Clearwater Underground Water Conservation
District;
(12) Coastal Bend Groundwater Conservation District;
(13) Coastal Plains Groundwater Conservation
District;
(14) Coke County Underground Water Conservation
District;
(15) Collingsworth County Underground Water
Conservation District;
(16) Cow Creek Groundwater Conservation District;
(17) Crossroads Groundwater Conservation District;
(18) Culberson County Groundwater Conservation
District;
(19) Dallam County Underground Water Conservation
District No. 1;
(20) Edwards Aquifer Authority;
(21) Emerald Underground Water Conservation District;
(22) Evergreen Underground Water Conservation
District;
(23) Fayette County Groundwater Conservation
District;
(24) Fort Bend Subsidence District;
(25) Fox Crossing Water District;
(26) Garza County Underground and Fresh Water
Conservation District;
(27) Glasscock Groundwater Conservation District;
(28) Goliad County Groundwater Conservation District;
(29) Gonzales County Underground Water Conservation
District;
(30) Guadalupe County Groundwater Conservation
District;
(31) Harris-Galveston Coastal Subsidence District;
(32) Hays Trinity Groundwater Conservation District;
(33) Headwaters Groundwater Conservation District;
(34) Hemphill County Underground Water Conservation
District;
(35) Hickory Underground Water Conservation District
No. 1;
(36) High Plains Underground Water Conservation
District No. 1;
(37) Hill Country Underground Water Conservation
District;
(38) Hudspeth County Underground Water Conservation
District No. 1;
(39) Irion County Water Conservation District;
(40) Jeff Davis County Underground Water Conservation
District;
(41) Kenedy County Groundwater Conservation District;
(42) Kimble County Groundwater Conservation District;
(43) Kinney County Groundwater Conservation District;
(44) Lavaca County Groundwater Conservation District;
(45) Lipan-Kickapoo Water Conservation District;
(46) Live Oak Underground Water Conservation
District;
(47) Llano Estacado Underground Water Conservation
District;
(48) Lone Star Groundwater Conservation District;
(49) Lone Wolf Groundwater Conservation District;
(50) Lost Pines Groundwater Conservation District;
(51) Lower Seymour Groundwater Conservation District;
(52) McMullen Groundwater Conservation District;
(53) Medina County Underground Water Conservation
District;
(54) Menard County Underground Water District;
(55) Mesa Underground Water Conservation District;
(56) Mid-East Texas Groundwater Conservation
District;
(57) Middle Pecos Groundwater Conservation District;
(58) Middle Trinity Groundwater Conservation
District;
(59) Neches and Trinity Valleys Groundwater
Conservation District;
(60) North Plains Groundwater Conservation District
No. Two;
(61) Panhandle Groundwater Conservation District;
(62) Pecan Valley Groundwater Conservation District;
(63) Permian Basin Underground Water Conservation
District;
(64) Pineywoods Groundwater Conservation District;
(65) Plateau Underground Water Conservation and
Supply District;
(66) Plum Creek Conservation District;
(67) Post Oak Savannah Groundwater Conservation
District;
(68) Presidio County Underground Water Conservation
District;
(69) Real-Edwards Conservation and Reclamation
District;
(70) Red Sands Groundwater Conservation District;
(71) Refugio Groundwater Conservation District;
(72) Rolling Plains Groundwater Conservation
District;
(73) Rusk County Groundwater Conservation District;
(74) Salt Fork Underground Water Conservation
District;
(75) Sandy Land Underground Water Conservation
District;
(76) Santa Rita Underground Water Conservation
District;
(77) Saratoga Underground Water Conservation
District;
(78) South Plains Underground Water Conservation
District;
(79) Southeast Texas Groundwater Conservation
District;
(80) Sterling County Underground Water Conservation
District;
(81) Sutton County Underground Water Conservation
District;
(82) Texana Groundwater Conservation District;
(83) Tri-County Groundwater Conservation District;
(84) Trinity Glen Rose Groundwater Conservation
District;
(85) Uvalde County Underground Water Conservation
District;
(86) Wes-Tex Groundwater Conservation District; and
(87) Wintergarden Groundwater Conservation District.
Sec. 325.026. SCHEDULE OF REVIEW FOR GROUNDWATER
CONSERVATION DISTRICTS. (a) The groundwater conservation
districts listed in Section 325.025 shall be reviewed according to
the schedule provided by Subsections (b)-(g).
(b) During the periods in which state agencies abolished in
2007 and every 12th year after 2007 are reviewed, the following
districts shall be reviewed:
(1) Collingsworth County Underground Water
Conservation District;
(2) Dallam County Underground Water Conservation
District No. 1;
(3) Garza County Underground and Fresh Water
Conservation District;
(4) Hemphill County Underground Water Conservation
District;
(5) High Plains Underground Water Conservation
District No. 1;
(6) Llano Estacado Underground Water Conservation
District;
(7) Lower Seymour Groundwater Conservation District;
(8) Mesa Underground Water Conservation District;
(9) North Plains Groundwater Conservation District
No. Two;
(10) Panhandle Groundwater Conservation District;
(11) Salt Fork Underground Water Conservation
District;
(12) Sandy Land Underground Water Conservation
District;
(13) South Plains Underground Water Conservation
District;
(14) Fort Bend Subsidence District; and
(15) Harris-Galveston Coastal Subsidence District.
(c) During the periods in which state agencies abolished in
2009 and every 12th year after 2009 are reviewed, the following
districts shall be reviewed:
(1) Bandera County River Authority and Groundwater
District;
(2) Blanco-Pedernales Groundwater Conservation
District;
(3) Brewster County Groundwater Conservation
District;
(4) Cow Creek Groundwater Conservation District;
(5) Culberson County Groundwater Conservation
District;
(6) Emerald Underground Water Conservation District;
(7) Headwaters Groundwater Conservation District;
(8) Hickory Underground Water Conservation District
No. 1;
(9) Hill Country Underground Water Conservation
District;
(10) Hudspeth County Underground Water Conservation
District No. 1;
(11) Jeff Davis County Underground Water Conservation
District;
(12) Kimble County Groundwater Conservation District;
(13) Kinney County Groundwater Conservation District;
(14) Medina County Underground Water Conservation
District;
(15) Menard County Underground Water District;
(16) Middle Pecos Groundwater Conservation District;
(17) Plateau Underground Water Conservation and
Supply District;
(18) Presidio County Underground Water Conservation
District;
(19) Real-Edwards Conservation and Reclamation
District;
(20) Sutton County Underground Water Conservation
District; and
(21) Uvalde County Underground Water Conservation
District.
(d) During the periods in which state agencies abolished in
2011 and every 12th year after 2011 are reviewed, the following
districts shall be reviewed:
(1) Brazoria County Groundwater Conservation
District;
(2) Clear Fork Groundwater Conservation District;
(3) Coke County Underground Water Conservation
District;
(4) Crossroads Groundwater Conservation District;
(5) Glasscock Groundwater Conservation District;
(6) Irion County Water Conservation District;
(7) Lipan-Kickapoo Water Conservation District;
(8) Lone Wolf Groundwater Conservation District;
(9) Permian Basin Underground Water Conservation
District;
(10) Rolling Plains Groundwater Conservation
District;
(11) Santa Rita Underground Water Conservation
District;
(12) Sterling County Underground Water Conservation
District;
(13) Tri-County Groundwater Conservation District;
and
(14) Wes-Tex Groundwater Conservation District.
(e) During the periods in which state agencies abolished in
2013 and every 12th year after 2013 are reviewed, the following
districts shall be reviewed:
(1) Bee Groundwater Conservation District;
(2) Edwards Aquifer Authority;
(3) Evergreen Underground Water Conservation
District;
(4) Goliad County Groundwater Conservation District;
(5) Kenedy County Groundwater Conservation District;
(6) Live Oak Underground Water Conservation District;
(7) McMullen Groundwater Conservation District;
(8) Red Sands Groundwater Conservation District;
(9) Refugio Groundwater Conservation District;
(10) Trinity Glen Rose Groundwater Conservation
District; and
(11) Wintergarden Groundwater Conservation District.
(f) During the periods in which state agencies abolished in
2015 and every 12th year after 2015 are reviewed, the following
districts shall be reviewed:
(1) Barton Springs-Edwards Aquifer Conservation
District;
(2) Coastal Bend Groundwater Conservation District;
(3) Coastal Plains Groundwater Conservation District;
(4) Fayette County Groundwater Conservation District;
(5) Gonzales County Underground Water Conservation
District;
(6) Guadalupe County Groundwater Conservation
District;
(7) Hays Trinity Groundwater Conservation District;
(8) Lavaca County Groundwater Conservation District;
(9) Lost Pines Groundwater Conservation District;
(10) Pecan Valley Groundwater Conservation District;
(11) Plum Creek Conservation District; and
(12) Texana Groundwater Conservation District.
(g) During the periods in which state agencies abolished in
2017 and every 12th year after 2017 are reviewed, the following
districts shall be reviewed:
(1) Anderson County Underground Water Conservation
District;
(2) Bluebonnet Groundwater Conservation District;
(3) Brazos Valley Groundwater Conservation District;
(4) Clearwater Underground Water Conservation
District;
(5) Fox Crossing Water District;
(6) Lone Star Groundwater Conservation District;
(7) Mid-East Texas Groundwater Conservation District;
(8) Middle Trinity Groundwater Conservation District;
(9) Neches and Trinity Valleys Groundwater
Conservation District;
(10) Pineywoods Groundwater Conservation District;
(11) Post Oak Savannah Groundwater Conservation
District;
(12) Rusk County Groundwater Conservation District;
(13) Saratoga Underground Water Conservation
District; and
(14) Southeast Texas Groundwater Conservation
District.
SECTION 25. Subchapter D, Chapter 11, Natural Resources
Code, is amended by adding Section 11.087 to read as follows:
Sec. 11.087. PROHIBITION ON EXPORTATION OF GROUNDWATER
PRODUCED FROM STATE-OWNED LAND. A person may not export from this
state to a foreign country groundwater produced from state-owned
land.
SECTION 26. Section 32.012, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) The board is composed of:
(1) the commissioner;
(2) a citizen of the state appointed by the governor
with the advice and consent of the senate; [and]
(3) a citizen of the state appointed by the attorney
general with the advice and consent of the senate;
(4) a citizen of the state appointed by the lieutenant
governor; and
(5) a citizen of the state appointed by the governor
with the advice and consent of the senate from a list of nominees
submitted by the speaker of the house of representatives.
(d) In making an appointment under Subsection (a)(5), the
governor may reject one or more of the nominees on a list submitted
by the speaker of the house of representatives and request a new
list of different nominees.
SECTION 27. Section 51.121, Natural Resources Code, is
amended by adding Subsections (f) and (g) to read as follows:
(f) Notwithstanding Subsection (a), the commissioner may
not lease unsold public school land under this subchapter for a term
of more than 10 years or for an indefinite term unless the board
approves the lease.
(g) Notwithstanding Subsection (a), the commissioner may
not lease the right to produce groundwater from unsold public
school land. A lease of the right to produce groundwater from
unsold public school land is governed by Section 51.132.
SECTION 28. Subchapter D, Chapter 51, Natural Resources
Code, is amended by adding Section 51.132 to read as follows:
Sec. 51.132. LEASE OF RIGHT TO PRODUCE GROUNDWATER. (a)
The board may lease the right to produce groundwater from unsold
public school land only as provided by this section. The other
provisions of this subchapter apply to leases entered into under
this section to the extent those provisions do not conflict with
this section or Section 51.121(g).
(b) The board shall adopt clear and detailed rules governing
the lease of the right to produce groundwater from unsold public
school land. The rules must require:
(1) each regional water planning group and groundwater
conservation district in whose jurisdiction the land is located to
be notified when the board receives a proposal to lease the right to
produce groundwater from the land;
(2) the lease contract to be negotiated by the board;
(3) the lessee to comply with:
(A) the rules and permitting requirements of any
groundwater conservation district in which the land is located; and
(B) all state and local laws and rules;
(4) the right to produce groundwater from land to be
leased separately from oil and gas rights; and
(5) a lease proposal submitted by a political
subdivision of this state to include a letter of interest, approved
by the governing body of the political subdivision, that includes:
(A) an estimated total daily and annual amount of
water to be produced under the lease;
(B) any requirements of the political
subdivision regarding water quality;
(C) a time frame for delivery of the water;
(D) an estimated delivered price for the water;
and
(E) a statement that the political subdivision
commits to act in compliance with all state and local laws and
rules.
(c) Before filing notice of the proposed rules with the
secretary of state for publication in the Texas Register, the board
must notify the attorney general, Parks and Wildlife Department,
Texas Commission on Environmental Quality, Texas Water Development
Board, and Department of Agriculture and each member of the
legislature that notice of the proposed rules will be published.
(d) A lease of the right to produce groundwater from unsold
public school land must be awarded through competitive bidding
unless:
(1) the lessee is a political subdivision of this
state or an end user of the water; or
(2) the lease entitles the lessee to produce less than
125,000 gallons of water per day.
SECTION 29. Subsection (f), Section 1.11, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(f) The authority may own, finance, design, [contract with a
person who uses water from the aquifer for the authority or that
person to] construct, operate, or [own, finance, and] maintain
recharge [water supply] facilities or contract with a person who
uses water from the aquifer for the authority or that person to own,
finance, design, construct, operate, or maintain recharge
facilities. [Management fees or special fees may not be used for
purchasing or operating these facilities.] For the purpose of this
subsection, "recharge [water supply] facility" means [includes] a
dam, reservoir, [treatment facility, transmission facility,] or
other method of recharge project and associated facilities,
structures, or works.
SECTION 30. Subsections (a), (c), (f), and (h), Section
1.14, Chapter 626, Acts of the 73rd Legislature, Regular Session,
1993, are amended to read as follows:
(a) Authorizations to withdraw water from the aquifer and
all authorizations and rights to make a withdrawal under this Act
shall be limited in accordance with this section to:
(1) protect the water quality of the aquifer;
(2) protect the water quality of the surface streams
to which the aquifer provides springflow;
(3) achieve water conservation;
(4) maximize the beneficial use of water available for
withdrawal from the aquifer;
(5) recognize the hydro-geologic connection and
interaction between surface and groundwater;
(6) protect aquatic and wildlife habitat;
(7) [(6)] protect species that are designated as
threatened or endangered under applicable federal or state law; and
(8) [(7)] provide for instream uses, bays, and
estuaries.
(c) Except as provided by Subsections [(d),] (f)[,] and (h)
of this section [and Section 1.26 of this article,] for the period
beginning January 1, 2005 [2008], the amount of permitted
withdrawals from the aquifer may not exceed the sum of all regular
permits issued or for which an application has been filed and
issuance is pending action by the authority as of January 1, 2005.
If annexation occurs, the amount of permitted withdrawals may be
adjusted to include permits issued for wells in the annexed area as
of January 1, 2005 [400,000 acre-feet of water for each calendar
year].
(f) If the level of the aquifer is equal to or greater than
665 [650] feet above mean sea level as measured at Well J-17, the
authority may authorize withdrawal from the San Antonio pool, on an
uninterruptible basis, of permitted amounts. If the level of the
aquifer is equal to or greater than 845 feet at Well J-27, the
authority may authorize withdrawal from the Uvalde pool, on an
uninterruptible basis, of permitted amounts. In accordance with
Section 1.26 of this article, the [The] authority shall limit the
additional withdrawals to ensure that springflows are not affected
during critical drought conditions.
(h) To accomplish the purposes of this article, [by June 1,
1994,] the authority, through a program, shall implement and
enforce water management practices, procedures, and methods to
ensure that, not later than December 31, 2012, the continuous
minimum springflows of the Comal Springs and the San Marcos Springs
are maintained to protect endangered and threatened species to the
extent required by federal law and to achieve other purposes
provided by Subsection (a) of this section and Section 1.26 of this
article. The authority from time to time as appropriate may revise
the practices, procedures, and methods. To meet this requirement,
the authority shall require:
(1) phased reductions in the amount of water that may
be used or withdrawn by existing users or categories of other users,
including the authority's critical period management plan
established under Section 1.26 of this article; or
(2) implementation of alternative management
practices, procedures, and methods.
SECTION 31. Subsection (c), Section 1.15, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(c) The authority may issue regular permits, term permits,
and emergency permits. Except as provided in Section 1.14(f) and
Section 1.26 of this article, regular permits may not be issued on
an interruptible basis, and the total withdrawals authorized by all
regular permits issued by the authority may not exceed the
limitations provided by Section 1.14 of this article.
SECTION 32. Subsection (b), Section 1.19, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(b) Withdrawal of water under a term permit must be
consistent with the authority's critical period management plan
established under Section 1.26 of this article. A holder of a term
permit may not withdraw water from the San Antonio pool of the
aquifer unless the level of the aquifer is higher than 675 [665]
feet above sea level, as measured at Well J-17, and the flow at
Comal Springs as determined by Section 1.26(c) of this article is
greater than 350 cfs.
SECTION 33. Article 1, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending Section
1.26 and adding Section 1.26A to read as follows:
Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. (a) After
review of the recommendations received, as prescribed in Section
1.26A of this article, the [The] authority shall prepare and
coordinate implementation of a [plan for] critical period
management plan in a manner consistent with Section 1.14(a) of this
article [on or before September 1, 1995]. The mechanisms must:
(1) distinguish between discretionary use and
nondiscretionary use;
(2) require reductions of all discretionary use to the
maximum extent feasible;
(3) require utility pricing, to the maximum extent
feasible, to limit discretionary use by the customers of water
utilities; and
(4) require reduction of nondiscretionary use by
permitted or contractual users, to the extent further reductions
are necessary, in the reverse order of the following water use
preferences:
(A) municipal, domestic, and livestock;
(B) industrial and crop irrigation;
(C) residential landscape irrigation;
(D) recreational and pleasure; and
(E) other uses that are authorized by law.
(b) In this subsection, "MSL" means the elevation, measured
in feet, of the surface of the water in a well above mean sea level,
and "CFS" means cubic feet per second. Not later than January 1,
2006, the authority shall, by rule, adopt and enforce a critical
period management plan with withdrawal reduction percentages at no
less than the amounts indicated in Tables 1 and 2 whether according
to the index well levels or Comal Springs flow as may be applicable,
for a maximum total in critical period Stage IV of 40 percent of the
permitted withdrawals under Table 1 and 30 percent under Table 2:
TABLE 1 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES
FOR THE SAN ANTONIO POOLINDEX WELL J-17 COMAL SPRINGS FLOW CRITICAL WITHDRAWAL
LEVEL MSL CFS PERIOD STAG REDUCTION
GE PERCENTAGE
<665 N/A I 10%
<650 N/A II 10%
<640 <150 III 10%
<630 <100 IV 10%
TABLE 2 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES
FOR THE UVALDE POOLINDEX WELL J-27 MSL CRITICAL PERIOD WITHDRAWAL
FOR UVALDE POOL STAGE REDUCTION
PERCENTAGE
N/A N/A N/A
N/A II N/A
<845 III 15%
<842 IV 15%
(c) The authority shall continuously track the average
daily discharge rate measured over each period of five consecutive
days at Comal Springs to determine whether a reduction in
withdrawals to the Stage III reduction level is required. The
authority shall track the average daily discharge rate measured for
any five days in a period of 10 consecutive days to determine
whether a reduction in withdrawals to the Stage IV reduction level
is required.
(d) Beginning September 1, 2005, the authority shall not
allow the volume of permitted withdrawals to exceed an annualized
rate of 340,000 acre-feet, under critical period Stage IV. After
January 1, 2012, the authority shall not allow the volume of
permitted withdrawals to exceed an annualized rate of 320,000
acre-feet, under critical period Stage IV. After January 1, 2020,
the authority shall not allow the volume of permitted withdrawals
to exceed an annualized rate of 288,000 acre-feet, under critical
period Stage IV.
(e) From time to time, the authority by rule may amend the
withdrawal reduction criteria of the authority's critical period
management plan as set forth in Subsections (b) and (c) of this
section, after review and consideration of the recommendations from
the Texas Water Development Board, the Edwards Aquifer area expert
science team, and the Edwards Aquifer area stakeholders committee,
as prescribed in Section 1.26A of this article. The amended plan
must be consistent with Section 1.14(a) of this article.
Sec. 1.26A. DEVELOPMENT OF WITHDRAWAL REDUCTION LEVELS AND
STAGES FOR CRITICAL PERIOD MANAGEMENT. (a) The Texas Water
Development Board shall appoint a 15-member Edwards Aquifer area
stakeholders committee not later than January 1, 2006. The
composition of the committee will be as follows:
(1) five holders of municipal permits issued by the
authority;
(2) two holders of irrigation permits issued by the
authority;
(3) three holders of industrial permits issued by the
authority;
(4) four downstream water rights holders in the
Guadalupe River basin; and
(5) one representative of a public interest group
related to instream flows in the Guadalupe River basin and bay and
estuary inflows from the Guadalupe River.
(b) The Edwards Aquifer area stakeholders committee shall
appoint a seven-member Edwards Aquifer area expert science team not
later than April 30, 2006. The expert science team must be composed
of technical experts with special expertise regarding the Edwards
Aquifer system, springflows, or the development of withdrawal
limitations. Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the expert science team.
(c) The expert science team shall develop an analysis of
spring discharge rates and aquifer levels as a function of
withdrawal levels. Based upon this analysis and the required
elements to be considered by the authority in Section 1.14 of this
article, the Edwards Aquifer area expert science team shall,
through a collaborative process designed to achieve consensus,
create recommendations for withdrawal reduction levels and stages
for critical period management and submit them to the Edwards
Aquifer area stakeholders committee, the Texas Water Development
Board, and the authority. The initial recommendations must be
completed and submitted no later than September 30, 2006.
(d) In developing its recommendations, the Edwards Aquifer
area expert science team must consider all reasonably available
science, including any Edwards Aquifer specific studies, and the
recommendations must be based solely on the best science available.
The Edwards Aquifer area stakeholders committee may not change the
recommendations of the Edwards Aquifer area expert science team
regarding the withdrawal limitations appropriate to achieve the
purposes of Section 1.14 of this article.
(e) The Edwards Aquifer area stakeholders committee shall
review the withdrawal limitation and critical period management
recommendations submitted by the expert science team and shall
consider them in conjunction with other factors, including the
present and future needs for water for other uses related to water
supply planning in the Edwards Aquifer area and the required
elements to be considered by the authority in Section 1.14 of this
article. The stakeholders committee shall develop recommendations
regarding a critical period management plan and submit its
recommendations to the authority and to the Texas Water Development
Board. In developing its recommendations, the stakeholders
committee shall operate on a consensus basis to the maximum extent
possible. The initial recommendations must be completed and
submitted no later than October 31, 2006.
(f) The Texas Water Development Board shall submit to the
authority its comments on and recommendations regarding the Edwards
Aquifer area expert science team's recommended withdrawal
reduction levels and stages for critical period management needed
to maintain target spring discharge and aquifer levels. The
withdrawal reduction recommendations shall be based upon a
combination of spring discharge rates of the San Marcos and Comal
Springs and levels at the J-17 and J-27 wells.
(g) The Edwards Aquifer area expert science team, Edwards
Aquifer area stakeholders committee, and the Texas Water
Development Board shall submit recommendations to the authority for
use in developing its rules relative to establishing the critical
period management plan.
(h) Where reasonably practicable, meetings of the Edwards
Aquifer area expert science team and Edwards Aquifer area
stakeholders committee must be open to the public.
(i) In recognition of the importance of critical period
management to adapt to changed conditions or information, after
submitting its recommendations regarding withdrawal limitations
and strategies to meet the spring flow needs to the authority, the
stakeholders committee, with the assistance of the expert science
team, shall prepare and submit to the Texas Water Development Board
a work plan. The work plan must:
(1) establish a periodic review of the critical period
management plan, to occur at least once every five years;
(2) prescribe specific monitoring, studies, and
activities; and
(3) establish a schedule for continuing the validation
or refinement of the critical period management plan adopted by the
authority, and the strategies to achieve the plan.
(j) To assist the Texas Water Development Board to assess
the extent to which the recommendations of the Edwards Aquifer area
expert science team are considered and implemented, the authority
shall provide written reports to the development board, at
intervals determined by the development board, that describe:
(1) the actions taken in response to each
recommendation; and
(2) for each recommendation not implemented, the
reason it was not implemented.
SECTION 34. Subsections (b) and (i), Section 1.29, Chapter
626, Acts of the 73rd Legislature, Regular Session, 1993, are
amended to read as follows:
(b) The authority shall assess equitable aquifer management
fees based on aquifer use under the water management plan to finance
its administrative expenses and programs authorized under this
article. Each water district governed by Chapter 36 [52], Water
Code, that is within the authority's boundaries may contract with
the authority to pay expenses of the authority through taxes in lieu
of user fees to be paid by water users in the district. The contract
must provide that the district will pay an amount equal to the
amount that the water users in the district would have paid through
user fees. The authority may not collect a total amount of fees and
taxes that is more than is reasonably necessary for the
administration of the authority.
(i) The authority shall provide money as necessary, but not
to exceed $75,000, annually adjusted for changes in the consumer
price index [five percent of the money collected under Subsection
(d) of this section], to finance the South Central Texas Water
Advisory Committee's administrative expenses and programs
authorized under this article.
SECTION 35. Subsection (a), Section 1.45, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(a) The authority may own, finance, design, construct,
[build or] operate, and maintain recharge dams and associated
facilities, structures, or works in the contributing or recharge
area of the aquifer if the recharge is made to increase the yield of
the aquifer and the recharge project does not impair senior water
rights or vested riparian rights.
SECTION 36. The following sections of Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, are repealed:
(1) Subsections (b) and (d), Section 1.14;
(2) Section 1.21; and
(3) Subsections (a), (c), (d), and (h), Section 1.29.
SECTION 37. (a) The executive administrator of the Texas
Water Development Board shall appoint the initial appointed
representatives for each groundwater management area council as
provided by Section 36.108, Water Code, as amended by this Act, as
soon as practicable on or after the effective date of this Act. The
terms of the initial representatives for each groundwater
management area council expire August 31, 2007.
(b) The Texas Water Development Board shall convene the
groundwater management area councils required under Section
36.108, Water Code, as amended by this Act, not later than September
1, 2006.
(c) 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 38. (a) A statewide groundwater management
district consolidation stakeholders committee is established to
study issues concerning the management of groundwater.
(b) The groundwater management district consolidation
stakeholders committee is composed of the following members:
(1) five members appointed by the lieutenant governor;
(2) five members appointed by the speaker of the house
of representatives;
(3) one member representing the Parks and Wildlife
Department appointed by the Parks and Wildlife Commission;
(4) one member representing administrators of
state-owned land overlying producible groundwater resources;
(5) one member representing the Texas Commission on
Environmental Quality appointed by that commission; and
(6) one member representing the Texas Water
Development Board appointed by that board.
(c) Of the members appointed under Subdivision (1),
Subsection (b) of this section:
(1) one member must represent municipalities using
groundwater;
(2) one member must represent agricultural users of
groundwater;
(3) one member must represent industrial users of
groundwater;
(4) one member must represent groundwater
conservation districts; and
(5) one member must represent owners of land that
overlies producible groundwater.
(d) Of the members appointed under Subdivision (2),
Subsection (b) of this section:
(1) one member must represent municipalities using
groundwater;
(2) one member must represent agricultural users of
groundwater;
(3) one member must represent industrial users of
groundwater;
(4) one member must represent groundwater
conservation districts; and
(5) one member must represent owners of land that
overlies producible groundwater.
(e) The groundwater management district consolidation
stakeholders committee may appoint a technical advisory committee
of up to nine members to assist the stakeholders committee in
addressing the technical aspects of the issues to be studied.
(f) For each groundwater management area, the groundwater
management district consolidation stakeholders committee shall
address the following issues:
(1) the appropriate management goals for groundwater
in the groundwater management area;
(2) the appropriate science to use to determine the
availability of groundwater in the groundwater management area;
(3) the well permitting strategy of each groundwater
conservation district in the groundwater management area;
(4) the effect of each well permitting strategy used
in the groundwater management area on landowners in the groundwater
management area;
(5) the effect of each well permitting strategy used
in the groundwater management area on users of water produced from
land in the groundwater management area;
(6) the effectiveness of each well permitting strategy
used in the groundwater management area in meeting the management
goals of the groundwater management area;
(7) whether the differences in well permitting
strategies used in the groundwater management area are justified by
differences in groundwater resources in the groundwater management
area; and
(8) whether the public interest would be advanced by
the consolidation of one or more groundwater conservation districts
with other groundwater conservation districts in the groundwater
management area.
(g) Not later than December 1, 2006, the groundwater
management district consolidation stakeholders committee shall
report the results of its study of the issues described by
Subsection (f) of this section to the governor, lieutenant
governor, speaker of the house of representatives, and presiding
officer of each standing committee of the senate and house of
representatives having jurisdiction over groundwater issues.
SECTION 39. The lieutenant governor and the governor shall
make appointments to the School Land Board under Section 32.012,
Natural Resources Code, as amended by this Act, as soon as possible
after the effective date of this Act. Each member's term expires
August 31, 2007.
SECTION 40. This Act takes effect September 1, 2005.