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AN ACT
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relating to the management of groundwater production by groundwater |
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conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (25), Section 36.001, Water Code, is |
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amended to read as follows: |
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(25) "Modeled [Managed] available groundwater" means |
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the amount of water that the executive administrator determines may |
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be produced on an average annual basis to achieve a [permitted by a
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district for beneficial use in accordance with the] desired future |
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condition established [of the aquifer as determined] under Section |
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36.108. |
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SECTION 2. Subsection (e), Section 36.1071, Water Code, is |
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amended to read as follows: |
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(e) In the management plan described under Subsection (a), |
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the district shall: |
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(1) identify the performance standards and management |
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objectives under which the district will operate to achieve the |
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management goals identified under Subsection (a); |
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(2) specify, in as much detail as possible, the |
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actions, procedures, performance, and avoidance that are or may be |
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necessary to effect the plan, including specifications and proposed |
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rules; |
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(3) include estimates of the following: |
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(A) modeled [managed] available groundwater in |
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the district based on the desired future condition established |
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under Section 36.108; |
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(B) the amount of groundwater being used within |
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the district on an annual basis; |
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(C) the annual amount of recharge from |
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precipitation, if any, to the groundwater resources within the |
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district; |
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(D) for each aquifer, the annual volume of water |
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that discharges from the aquifer to springs and any surface water |
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bodies, including lakes, streams, and rivers; |
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(E) the annual volume of flow into and out of the |
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district within each aquifer and between aquifers in the district, |
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if a groundwater availability model is available; |
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(F) the projected surface water supply in the |
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district according to the most recently adopted state water plan; |
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and |
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(G) the projected total demand for water in the |
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district according to the most recently adopted state water plan; |
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and |
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(4) consider the water supply needs and water |
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management strategies included in the adopted state water plan. |
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SECTION 3. Subsection (o), Section 36.108, Water Code, is |
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amended to read as follows: |
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(o) The districts shall submit the conditions established |
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under this section to the executive administrator. The executive |
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administrator shall provide each district and regional water |
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planning group located wholly or partly in the management area with |
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the modeled [managed] available groundwater in the management area |
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based upon the desired future condition of the groundwater |
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resources established under this section. |
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SECTION 4. Section 36.1132, Water Code, is amended to read |
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as follows: |
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Sec. 36.1132. PERMITS BASED ON MODELED [MANAGED] AVAILABLE |
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GROUNDWATER. (a) A district, to the extent possible, shall issue |
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permits up to the point that the total volume of exempt and |
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permitted groundwater production will achieve an applicable |
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desired future condition under Section 36.108 [permitted equals the
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managed available groundwater, if administratively complete permit
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applications are submitted to the district]. |
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(b) In issuing permits, the district shall manage total |
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groundwater production on a long-term basis to achieve an |
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applicable desired future condition and consider: |
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(1) the modeled available groundwater determined by |
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the executive administrator; |
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(2) the executive administrator's estimate of the |
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current and projected amount of groundwater produced under |
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exemptions granted by district rules and Section 36.117; |
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(3) the amount of groundwater authorized under permits |
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previously issued by the district; |
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(4) a reasonable estimate of the amount of groundwater |
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that is actually produced under permits issued by the district; and |
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(5) yearly precipitation and production patterns. |
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(c) In developing the estimate of exempt use under |
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Subsection (b)(2), the executive administrator shall solicit |
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information from each applicable district. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 737 passed the Senate on |
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March 30, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 737 passed the House on |
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April 14, 2011, by the following vote: Yeas 142, Nays 2, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |