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A BILL TO BE ENTITLED
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AN ACT
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relating to a priority groundwater management area designation for |
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a water district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 35, Water Code, is amended by adding |
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Section 35.0135 to read as follows: |
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Sec. 35.0135. REMOVAL OR AMENDMENT OF PRIORITY GROUNDWATER |
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MANAGEMENT AREA DESIGNATION; RULES. (a) This section applies to a |
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district: |
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(1) to which a priority groundwater management area |
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has been added; or |
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(2) created by the commission to encompass a priority |
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groundwater management area. |
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(b) A district may request the executive director to |
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determine whether a priority groundwater management area |
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designation should be removed or amended. The request must be |
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signed and dated by both the district and the commissioners court in |
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each county in which a portion of the priority groundwater |
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management area exists. |
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(c) In making the determination, the executive director |
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shall consider: |
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(1) whether the district has adopted a management plan |
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that has been approved under Section 36.1072; |
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(2) whether the district has adopted rules to |
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implement the management plan; |
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(3) whether the commissioners court in each county in |
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which a portion of the priority groundwater management area exists: |
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(A) has not adopted water availability |
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requirements under Section 35.019; or |
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(B) agrees to an amendment or removal of the |
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area; and |
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(4) any other criteria established in rules adopted |
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under this section. |
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(d) Not later than the 180th day after the date the |
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executive director receives a request under this section, the |
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executive director shall either petition the commission to remove |
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or amend the priority groundwater management area designation or |
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notify the district that the executive director will not petition |
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the commission. |
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(e) On receipt of a petition under this section, the |
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commission may remove or amend a priority groundwater management |
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area designation. |
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(f) The executive director shall notify the district and |
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each commissioners court that signed the request informing them |
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when a petition was sent under Subsection (d). Within a reasonable |
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time, the commission shall notify the district and each |
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commissioners court of the commission decision. |
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(g) The commission shall adopt rules to implement this |
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section. |
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SECTION 2. This Act takes effect September 1, 2011. |