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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of desired future conditions of |
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groundwater resources and revision of those conditions by the Texas |
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Water Development Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.108(d) and (m), Water Code, are |
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amended to read as follows: |
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(d) Not later than September 1, 2010, [and every five years
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thereafter,] the districts shall consider groundwater availability |
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models and other data or information for the management area and |
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shall establish desired future conditions for the relevant aquifers |
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within the management area. After January 1, 2012, and not later |
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than November 1, 2012, and every five years thereafter, the |
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districts shall as necessary revise the desired future conditions |
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using current groundwater availability models and other relevant |
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data or information. In establishing the desired future |
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conditions of the aquifers under this section, the districts shall |
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consider uses or conditions of an aquifer within the management |
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area that differ substantially from one geographic area to another. |
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The districts may establish different desired future conditions |
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for: |
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(1) each aquifer, subdivision of an aquifer, or |
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geologic strata located in whole or in part within the boundaries of |
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the management area; or |
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(2) each geographic area overlying an aquifer in whole |
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or in part or subdivision of an aquifer within the boundaries of the |
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management area. |
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(m) The development board shall review the petition and any |
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evidence relevant to the petition. The development board shall |
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hold at least one hearing at a central location in the management |
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area to take testimony on the petition. The development board may |
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delegate responsibility for a hearing to the executive |
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administrator or to a person designated by the executive |
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administrator. If the development board finds that the conditions |
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require revision, the development board shall revise [submit a
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report to the districts that includes a list of findings and
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recommended revisions to] the desired future conditions of the |
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groundwater resources. The development board's revision of the |
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desired future conditions is final and nonappealable. The |
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development board shall transmit the board's revision to the |
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districts not later than 30 days after completing the revision. |
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SECTION 2. Section 36.108(n), Water Code, is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to a petition filed under Section 36.108(l), Water Code, on or after |
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September 1, 2009. A petition filed before September 1, 2009, is |
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governed by the law in effect on the date the petition was filed, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |