S.B. No. 737
  relating to the management of groundwater production by groundwater
  conservation districts.
         SECTION 1.  Subdivision (25), Section 36.001, Water Code, is
  amended to read as follows:
               (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
         SECTION 2.  Subsection (e), Section 36.1071, 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
               (3)  include estimates of the following:
                     (A)  modeled [managed] available groundwater in
  the district based 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
                     (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;
                     (G)  the projected total demand for water in the
  district according to the most recently adopted state water plan;
               (4)  consider the water supply needs and water
  management strategies included in the adopted state water plan.
         SECTION 3.  Subsection (o), Section 36.108, Water Code, is
  amended to read as follows:
         (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 4.  Section 36.1132, Water Code, is amended to read
  as follows:
  GROUNDWATER.  (a)  A district, to the extent possible, shall issue
  permits up to the point that the total volume of exempt and
  permitted groundwater production will achieve an applicable
  desired future condition under Section 36.108 [permitted equals the
  managed available groundwater, if administratively complete permit
  applications are submitted to the district].
         (b)  In issuing permits, the district shall manage total
  groundwater production on a long-term basis to achieve an
  applicable desired future condition and consider:
               (1)  the modeled available groundwater determined by
  the executive administrator;
               (2)  the executive administrator's estimate of the
  current and projected amount of groundwater produced under
  exemptions granted by district rules and Section 36.117;
               (3)  the amount of groundwater authorized under permits
  previously issued by the district;
               (4)  a reasonable estimate of the amount of groundwater
  that is actually produced under permits issued by the district; and
               (5)  yearly precipitation and production patterns.
         (c)  In developing the estimate of exempt use under
  Subsection (b)(2), the executive administrator shall solicit
  information from each applicable district.
         SECTION 5.  This Act takes effect September 1, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 737 passed the Senate on
  March 30, 2011, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 737 passed the House on
  April 14, 2011, by the following vote:  Yeas 142, Nays 2, one
  present not voting.
  Chief Clerk of the House