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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a groundwater conservation district in |
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a priority groundwater management area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.012, Water Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (d) through |
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(f) to read as follows: |
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(b) Except as provided under Section 35.013, within |
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[Within] two years, but no sooner than 120 days, from the date on |
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which the commission issues an order under Section 35.008 |
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designating a priority groundwater management area, for those areas |
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that are not within a district, the commission shall[:
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[(1)] create one or more new districts under Section |
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36.0151[;
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[(2)
recommend that the areas, or a portion of the
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areas, be added to an existing district under Section 35.013; or
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[(3)
take any combination of the actions under
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Subdivisions (1) and (2)]. |
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(c) Except as provided by Subsection (d), a district created |
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under Section 36.0151 must be composed of territory within two or |
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more contiguous counties, unless the commission determines that a |
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district composed of territory within noncontiguous counties will |
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result in more effective or efficient groundwater management than |
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other legal options available to the commission. |
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(d) A district created under Section 36.0151 may be composed |
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of territory that exists within the boundaries of a single county |
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only if: |
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(1) the territory within the single county is the only |
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area within the designated priority groundwater management area |
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that is not within a district; or |
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(2) there are other areas within the designated |
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priority groundwater management area, but: |
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(A) the other areas are not contiguous to the |
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territory; and |
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(B) the commission determines that creating a |
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single district composed of two or more of the noncontiguous areas, |
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including the territory, would result in less effective or less |
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efficient management of groundwater resources in the territory than |
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creating a district composed of the territory within the single |
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county. |
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(e) For purposes of this section, the commission may |
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consider territory in two separately designated priority |
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groundwater management areas to be within the same designated |
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priority groundwater management area if: |
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(1) the priority groundwater management areas share a |
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common boundary and one or more common aquifers; and |
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(2) the commission determines that a district composed |
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of territory within the two areas will result in more effective or |
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efficient groundwater management than other legal options |
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available to the commission. |
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(f) Following the issuance of a commission order under |
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Section 35.008, the Texas Agricultural Extension Service shall |
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begin an educational program within such areas with the assistance |
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and cooperation of the Texas Water Development Board, the |
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commission, the Department of Agriculture, other state agencies, |
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and existing districts to inform the residents of the status of the |
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area's water resources and management options including possible |
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formation of a district. The county commissioners court of each |
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county in the priority groundwater management area shall form a |
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steering committee to provide assistance to the Texas Agricultural |
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Extension Service in accomplishing the goals of the education |
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program within the area. |
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SECTION 2. Subsections (b), (c), (h), and (i), Section |
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35.013, Water Code, are amended to read as follows: |
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(b) The commission shall submit a copy of the order to the |
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board of the district to which it is recommending the priority |
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groundwater management area be added. The board shall vote not |
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later than the 120th day after receiving the copy of the order from |
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the commission on the addition of the priority groundwater |
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management area to the district and shall advise the commission of |
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the outcome. |
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(c) If the board votes to accept the addition of the |
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priority groundwater management area to the district, the board: |
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(1) may request the Texas Agricultural Extension |
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Service, the commission, and the Texas Water Development Board, |
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with the cooperation and assistance of the Department of |
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Agriculture and other state agencies, to administer an educational |
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program to inform the residents of the status of the area's water |
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resources and management options including possible annexation |
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into a district; |
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(2) shall call an election to be held not later than |
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the 270th day after the date of the board's vote under Subsection |
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(b) within the priority groundwater management area, or portion of |
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the priority groundwater management area, as delineated by the |
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commission to determine whether [if] the priority groundwater |
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management area will be added to the district; and |
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(3) shall designate election precincts and polling |
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places for the elections in the order calling an election under this |
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subsection. |
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(h) If the proposition is defeated, or if the board of the |
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existing district votes not to accept the addition of the area to |
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the district, then the commission shall, except as provided under |
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Subsection (i), create under Section 36.0151 one or more districts |
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covering the priority groundwater management area not later than |
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the later of: |
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(1) the second anniversary of the date on which the |
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commission issued its order under Section 35.008 designating a |
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priority groundwater management area; or |
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(2) the 180th day after the date described under |
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Subdivision (1) if the legislature is in session on the date |
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described under Subdivision (1) and a bill has been filed and is |
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pending before the legislature to create a district in all or part |
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of the area or to add all or part of the area to an existing district |
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[the first anniversary of the date on which the proposition is
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defeated or the board votes not to accept the area]. |
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(i) In creating a district under Section 36.0151, the |
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commission may modify the recommendation issued in its order for |
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district creation under Section 35.008 to reflect the failure of an |
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area to be added to an existing district or to account for the |
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creation of any new districts or the addition of any other territory |
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in the priority groundwater management area to an existing district |
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during the intervening period, provided, however, that such |
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modification does not affect the deadlines for district creation |
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under Section 35.012 or this section. For an area that is not |
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feasible for the creation of one or more districts as determined in |
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the commission's findings under Section 35.008, the commission |
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shall include in its report under Section 35.018 recommendations |
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for the future management of the priority groundwater management |
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area. |
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SECTION 3. Notwithstanding Section 35.012, Water Code, as |
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amended by this Act, and Section 36.0151, Water Code, the Texas |
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Commission on Environmental Quality may not create a groundwater |
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conservation district under Section 36.0151, Water Code, before |
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September 1, 2011, in territory that exists within the boundaries |
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of a single county in which total surface water use is more than 50 |
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times the total groundwater production and that is located in a |
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priority groundwater management area. |
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SECTION 4. 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. |
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