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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal to a district court of the desired future |
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conditions adopted for a groundwater management area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.108(l) and (n), Water Code, are |
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amended to read as follows: |
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(l) A person with a legally defined interest in the |
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groundwater in the groundwater management area, a district in or |
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adjacent to the groundwater management area, or a regional water |
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planning group for a region in the groundwater management area may |
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file a petition in district court [with the development board] |
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appealing the [approval of the] desired future conditions of the |
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groundwater resources established and adopted under this section. |
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Costs for the appeal shall be set by the court hearing the appeal. |
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An appeal under this subsection is by trial de novo. A party to the |
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appeal may, on filing the requisite fee, demand a jury trial on any |
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issue of fact. [The petition must provide evidence that the
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districts did not establish a reasonable desired future condition
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of the groundwater resources in the groundwater management area.] |
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(n) If required by the court's order under Subsection (l) to |
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revise the desired future conditions, the [The] districts shall |
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meet to propose [prepare a] revised desired future conditions |
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[plan] in accordance with that order [development board
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recommendations] and hold, after notice, at least one public |
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hearing on the proposed revision at a central location in the |
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groundwater management area. After consideration of all public |
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[and development board] comments, the districts shall adopt revised |
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desired future [revise the] conditions and shall submit the revised |
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conditions to the Texas Water Development Board [development board
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for review]. |
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SECTION 2. Sections 36.108(a) and (m), Water Code, are |
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repealed. |
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SECTION 3. Section 36.108(l), Water Code, as amended by |
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this Act, applies only to a petition filed in district court on or |
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after the effective date of this Act to appeal the desired future |
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conditions adopted for a groundwater management area. A petition |
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filed under Section 36.108(l), Water Code, before the effective |
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date of this Act and pending with the Texas Water Development Board |
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appealing the desired future conditions adopted for a groundwater |
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management area is subject to the law in effect on the date the |
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petition is filed, and that law is continued in effect for that |
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purpose. |
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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, 2011. |