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A BILL TO BE ENTITLED
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AN ACT
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relating to the submission of groundwater management plans to the |
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executive administrator of the Texas Water Development Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.1072, Water Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (e-1) to |
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read as follows: |
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(a) Except as provided by Subsection (e-1), a [A] district |
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shall, not later than three years after the creation of the district |
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or, if the district required confirmation, after the election |
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confirming the district's creation, submit the management plan |
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required under Section 36.1071 to the executive administrator for |
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review and approval. |
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(e) The district may review the plan annually and must |
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review and readopt the plan with or without revisions at least once |
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every five years. Except as provided by Subsection (e-1), |
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the [The] district shall provide the readopted plan to the |
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executive administrator not later than the 60th day after the date |
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on which the plan was readopted. Approval of the preceding |
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management plan remains in effect until: |
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(1) the district fails to timely readopt a management |
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plan; |
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(2) the district fails to timely submit the district's |
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readopted management plan to the executive administrator; or |
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(3) the executive administrator determines that the |
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readopted management plan does not meet the requirements for |
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approval, and the district has exhausted all appeals to the Texas |
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Water Development Board or appropriate court. |
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(e-1) If a district is required to submit a management plan |
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under Subsection (a) or a readopted management plan under |
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Subsection (e) on a date that is before the first anniversary of the |
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date the executive administrator provides to the district under |
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Section 36.108(o) an amount of managed available groundwater, the |
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district may adopt and submit to the executive administrator a |
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resolution delaying the due date for a new or readopted plan to a |
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date not later than the first anniversary of the last date the |
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district receives an amount of managed available groundwater from |
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the executive administrator in lieu of the applicable deadline |
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under Subsection (a) or (e). A district that elects to delay |
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submission of a new or readopted plan under this subsection may not |
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adopt a new rule or amend an existing rule limiting production from |
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wells or allocating groundwater until the district submits to the |
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executive administrator the management plan or readopted plan as |
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provided by this subsection. This subsection expires September 1, |
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2013. |
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SECTION 2. Section 36.1072, Water Code, as amended by this |
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Act, applies only to a groundwater management plan that is |
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submitted to the executive administrator of the Texas Water |
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Development Board on or after the effective date of this Act. A |
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groundwater management plan that is submitted to the executive |
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administrator before the effective date of this Act is governed by |
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the law in effect when the management plan was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |