82R14505 PMO-D
 
  By: Larson H.B. No. 1547
 
  Substitute the following for H.B. No. 1547:
 
  By:  Lucio III C.S.H.B. No. 1547
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the desired future conditions of groundwater resources
  within groundwater management areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.053(e), Water Code, is amended to
  read as follows:
         (e)  Each regional water planning group shall submit to the
  development board a regional water plan that:
               (1)  is consistent with the guidance principles for the
  state water plan adopted by the development board under Section
  16.051(d);
               (2)  provides information based on data provided or
  approved by the development board in a format consistent with the
  guidelines provided by the development board under Subsection (d);
               (3)  identifies:
                     (A)  each source of water supply in the regional
  water planning area, including information supplied by the
  executive administrator on the amount of modeled [managed]
  available groundwater in accordance with the guidelines provided by
  the development 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;
                     (C)  actions to be taken as part of the response;
  and
                     (D)  existing major water infrastructure
  facilities that may be used for interconnections in the event of an
  emergency shortage of water;
               (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 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, conjunctive use,
  acquisition of available existing water supplies, and development
  of new water supplies;
                     (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 2.  Section 36.001, Water Code, is amended by
  amending Subdivisions (24) and (25) and adding Subdivision (30) to
  read as follows:
               (24)  "Total estimated recoverable [aquifer] storage"
  means the total calculated volume of groundwater that an aquifer is
  capable of producing.
               (25)  "Modeled [Managed] available groundwater" means
  the amount of water that the executive administrator determines may
  be produced on an average annual basis to achieve a [permitted by a
  district for beneficial use in accordance with the] desired future
  condition established [of the aquifer as determined] under Section
  36.108.
               (30)  "Desired future condition" means a quantitative
  description of the desired condition of the groundwater resources
  in a groundwater management area at a specified time in the future.
         SECTION 3.  Section 36.1071(e), Water Code, is amended to
  read as follows:
         (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)  the amount of modeled [managed] available
  groundwater in the district based on information described by
  Subsection (h) and on the desired future condition established
  under Section 36.108;
                     (B)  the amount of groundwater being used within
  the district on an annual basis;
                     (C)  the annual amount of recharge from
  precipitation, if any, to the groundwater resources within the
  district;
                     (D)  for each aquifer, the annual volume of water
  that discharges from the aquifer to springs and any surface water
  bodies, including lakes, streams, and rivers;
                     (E)  the annual volume of flow into and out of the
  district within each aquifer and between aquifers in the district,
  if a groundwater availability model is available;
                     (F)  the projected surface water supply in the
  district according to the most recently adopted state water plan;
  and
                     (G)  the projected total demand for water in the
  district according to the most recently adopted state water plan;
  and
               (4)  consider the water supply needs and water
  management strategies included in the adopted state water plan.
         SECTION 4.  Section 36.108, Water Code, is amended by
  amending Subsections (d), (d-1), (d-2), and (o) and adding
  Subsections (d-3), (d-4), (d-5), and (d-6) to read as follows:
         (d)  Not later than September 1, 2010, and every five years
  thereafter, the districts shall consider groundwater availability
  models and other data or information for the management area and
  shall establish desired future conditions for the relevant aquifers
  within the management area.  The desired future conditions
  established under this section must be for a period consistent with
  the planning cycles established under Section 16.051. In
  establishing the desired future conditions of the aquifers under
  this section, the districts shall consider [uses or conditions of
  an aquifer within the management area that differ substantially
  from one geographic area to another. The districts may establish
  different desired future conditions for]:
               (1)  aquifer uses or conditions within the management
  area, including uses or conditions that differ substantially from
  one geographic area to another;
               (2)  the water supply needs and water management
  strategies included in the state water plan;
               (3)  whether the desired future conditions are
  physically possible;
               (4)  socioeconomic impacts reasonably expected;
               (5)  environmental impacts, including spring flow and
  other interactions between groundwater and surface water;
               (6)  the impact on the interests and rights in private
  property, including ownership and rights of the owners of the land
  and their lessees and assigns in groundwater as recognized under
  Section 36.002;
               (7)  the hydrogeological conditions, including the
  total estimated recoverable storage reported by the executive
  administrator, recharge, inflows, and discharge;
               (8)  the impact on subsidence; and
               (9)  any other information relevant to the specific
  desired future condition.
         (d-1)  The districts shall provide a written explanation of
  their determination of each consideration under Subsection (d).
         (d-2)  The desired future conditions established under this
  section must provide a balance between:
               (1)  the highest practicable level of groundwater
  production; and
               (2)  the conservation, preservation, protection,
  recharging, and prevention of waste of groundwater and control of
  subsidence in the groundwater management area.
         (d-3)  Subsection (d-2) may not be construed to prohibit the
  establishment of desired future conditions that provide for
  reasonable long-term management of groundwater resources
  consistent with the management goals under Section 36.1071(a).
         (d-4)  The districts may establish different desired future
  conditions for:
               (1)  each aquifer, subdivision of an aquifer, or
  geologic strata located in whole or in part within the boundaries of
  the management area; or
               (2)  each geographic area overlying an aquifer in whole
  or in part or subdivision of an aquifer within the boundaries of the
  management area.
         (d-5) [(d-1)]  The desired future conditions established
  under Subsection (d) must be adopted by a two-thirds vote of the
  district representatives present at a meeting:
               (1)  at which at least two-thirds of the districts
  located in whole or in part in the management area have a voting
  representative in attendance; and
               (2)  for which all districts located in whole or in part
  in the management area provide public notice in accordance with
  Chapter 551, Government Code.
         (d-6) [(d-2)]  Each district in the management area shall
  ensure that its management plan contains goals and objectives
  consistent with achieving the desired future conditions of the
  relevant aquifers as adopted during the joint planning process.
         (o)  The districts shall submit the conditions established
  under this section to the executive administrator.  The executive
  administrator shall provide each district and regional water
  planning group located wholly or partly in the management area with
  the modeled [managed] available groundwater in the management area
  based upon the desired future condition of the groundwater
  resources established under this section.
         SECTION 5.  Section 36.1132, Water Code, is amended to read
  as follows:
         Sec. 36.1132.  PERMITS BASED ON MODELED [MANAGED] AVAILABLE
  GROUNDWATER.  A district, to the extent possible, shall issue
  permits up to the point that the total volume of groundwater
  permitted equals the modeled [managed] available groundwater, if
  administratively complete permit applications are submitted to the
  district.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.