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A BILL TO BE ENTITLED
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AN ACT
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relating to a study regarding the Carrizo-Wilcox aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITION. In this Act, "commission" means the |
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Texas Commission on Environmental Quality. |
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SECTION 2. STUDY. (a) The commission shall conduct a |
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study regarding the impact on the entire Carrizo-Wilcox aquifer of |
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rules and plans adopted by groundwater conservation districts in |
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whose boundaries the aquifer is located and of determinations made |
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by groundwater conservation districts in connection with the joint |
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planning process relating to groundwater management areas in whose |
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boundaries the aquifer is located. In conducting the study, the |
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commission shall examine: |
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(1) whether the rules and plans adopted by each |
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groundwater conservation district: |
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(A) are based on sound scientific principles; |
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(B) adequately conserve and protect the aquifer |
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and ensure the achievement of the applicable desired future |
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condition for each part of the district; and |
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(C) are likely to affect other groundwater |
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conservation districts or groundwater management areas; |
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(2) whether each district is enforcing substantial |
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compliance with its rules; |
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(3) whether the desired future conditions established |
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under Section 36.108, Water Code, in each groundwater management |
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area are reasonable and based on sound scientific principles, and |
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whether the rules adopted by each district are designed to achieve |
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the applicable desired future condition; |
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(4) other long-term impacts of the applicable rules |
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and plans on the aquifer, taking into consideration: |
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(A) projected population and agricultural, |
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municipal, and industrial demands for water from the aquifer; |
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(B) the effect of the demands described by |
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Paragraph (A) of this subdivision on the viability of the aquifer; |
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(C) the social and economic consequences of any |
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probable long-term impact on the aquifer; and |
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(D) other appropriate factors as determined by |
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commission rule; and |
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(5) whether the presence of contaminants in the |
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recharge area of the aquifer and the potential pollution of the |
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aquifer are issues that should be addressed and, if so, by whom. |
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(b) The Texas Water Development Board and the Bureau of |
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Economic Geology of The University of Texas at Austin shall assist |
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the commission in conducting the study under this section. |
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(c) The commission may contract with any appropriate person |
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to assist the commission in conducting the study under this |
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section. |
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SECTION 3. REPORT. Not later than December 31, 2012, the |
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commission shall report the results of the study conducted under |
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this Act to the governor, the lieutenant governor, the speaker of |
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the house of representatives, and the standing committees in the |
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senate and the house of representatives that have primary |
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jurisdiction over natural resources. The report may include the |
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commission's recommendations for legislation to address any areas |
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of concern. |
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SECTION 4. EXPIRATION. This Act expires August 31, 2013. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2009. |
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