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A BILL TO BE ENTITLED
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AN ACT
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relating to the management, operation, rulemaking authority, and |
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oversight of groundwater conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.001, Water Code, is amended by adding |
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Subdivision (30) to read as follows: |
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(30) "Desired future condition" means a quantitative |
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description, adopted in accordance with Section 36.108, of the |
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desired condition of the groundwater resources in a management area |
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at one or more specified future times. |
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SECTION 2. Section 36.063, Water Code, is amended to read as |
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follows: |
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Sec. 36.063. NOTICE OF MEETINGS. (a) Except as provided by |
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Subsections (b) and (c), notice [Notice] of meetings of the board |
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shall be given as set forth in the Open Meetings Act, Chapter 551, |
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Government Code. Neither failure to provide notice of a regular |
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meeting nor an insubstantial defect in notice of any meeting shall |
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affect the validity of any action taken at the meeting. |
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(b) At least 10 days before a hearing under Section |
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36.108(d-2) or a meeting at which a district will adopt a desired |
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future condition under Section 36.108(d-4), the board must post |
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notice that includes: |
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(1) the proposed desired future conditions and a list |
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of any other agenda items; |
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(2) the date, time, and location of the meeting or |
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hearing; |
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(3) the name, telephone number, and address of the |
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person to whom questions or requests for additional information may |
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be submitted; |
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(4) the names of the other districts in the district's |
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management area; and |
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(5) information on how the public may submit comments. |
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(c) Except as provided by Subsection (b), notice of a |
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hearing described by Subsection (b) must be provided in the manner |
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prescribed for a rulemaking hearing under Section 36.101(d). |
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SECTION 3. Section 36.1071, Water Code, is amended by |
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amending Subsections (a), (c), (e), and (f) and adding Subsection |
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(f-1) to read as follows: |
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(a) Following notice and hearing, the district shall, in |
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coordination with surface water management entities on a regional |
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basis, develop a comprehensive management plan which addresses the |
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following management goals, as applicable: |
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(1) providing the most efficient use of groundwater; |
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(2) controlling and preventing waste of groundwater; |
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(3) controlling and preventing subsidence; |
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(4) addressing conjunctive surface water management |
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issues; |
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(5) addressing natural resource issues; |
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(6) addressing drought conditions; |
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(7) addressing conservation, recharge enhancement, |
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rainwater harvesting, precipitation enhancement, or brush control, |
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where appropriate and cost-effective; and |
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(8) addressing [in a quantitative manner] the desired |
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future conditions adopted by the district under Section 36.108 [of
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the groundwater resources]. |
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(c) The commission and the Texas Water Development Board |
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shall provide technical assistance to a district in the development |
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of the management plan required under Subsection (a) that [which] |
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may include, if requested by the district, a preliminary review and |
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comment on the plan prior to final approval by the Texas Water |
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Development Board [board]. If such review and comment by the |
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commission is requested, the commission shall provide comment not |
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later than 30 days from the date the request is received. |
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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) managed available groundwater in the |
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district based on the desired future condition adopted |
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[established] 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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(f) [The district shall adopt rules necessary to implement
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the management plan.] Prior to the development of the district's |
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first management plan and [its] approval of that plan under Section |
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36.1072, the district: |
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(1) [may not adopt rules other than rules pertaining
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to the registration and interim permitting of new and existing
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wells and rules governing spacing and procedure before the
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district's board; however, the district may not adopt any rules
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limiting the production of wells, except rules requiring that
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groundwater produced from a well be put to a nonwasteful,
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beneficial use.
The district] may accept applications for permits |
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under Section 36.113, provided the district does not act on any such |
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application until the district's management plan is approved as |
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provided in Section 36.1072; |
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(2) may adopt rules pertaining to the registration, |
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interim permitting, metering, production reporting, spacing, and, |
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where applicable, fee payment for authorized or actual production |
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of water from new and existing wells; |
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(3) may adopt rules governing procedure before the |
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district's board; and |
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(4) may not adopt any rules limiting the production of |
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wells, except rules requiring that groundwater produced from a well |
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be put to a nonwasteful, beneficial use. |
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(f-1) After a management plan is finally approved under |
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Section 36.1072, the district shall adopt or amend rules limiting |
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the production of wells or allocating groundwater as necessary to |
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implement the management plan and achieve the applicable desired |
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future condition. A district may not adopt or amend rules limiting |
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the production of wells or allocating groundwater if the district |
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fails to: |
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(1) adopt a management plan as required by this |
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section; |
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(2) submit a management plan to the executive |
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administrator as required by Section 36.1072; and |
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(3) receive approval of the management plan under |
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Section 36.1072. |
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SECTION 4. Section 36.1072, Water Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) Once the executive administrator has granted |
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administrative approval to [approved] a management plan: |
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(1) the executive administrator may not revoke but may |
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require revisions to the approved [groundwater conservation
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district] management plan as provided by Subsection (g); and |
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(2) the executive administrator may request |
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additional information from the district if the information is |
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necessary to clarify, modify, or supplement previously submitted |
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material[, but a request for additional information does not render
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the management plan unapproved]. |
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(c-1) Not later than the 60th day after the date of the |
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administrative approval of a district's management plan under |
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Subsection (c), the executive administrator shall review the |
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management plan to determine whether the goals of the management |
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plan are consistent with the achievement of the desired future |
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conditions established under Section 36.108 that are applicable to |
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all or part of the district, considering any available information |
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regarding groundwater levels, and: |
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(1) request additional information from the district; |
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(2) recommend that the district make substantive |
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changes to the management plan; or |
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(3) approve the management plan. |
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SECTION 5. Section 36.1073, Water Code, is amended to read |
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as follows: |
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Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment |
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to a district's [the] management plan shall be submitted to the |
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executive administrator within 60 days following adoption of the |
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amendment by the district's board. The executive administrator |
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shall review and approve any amendment that [which] substantially |
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affects the management plan in accordance with the procedures |
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established under Section 36.1072. |
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SECTION 6. Subchapter D, Chapter 36, Water Code, is amended |
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by amending Section 36.108 and adding Sections 36.1081, 36.1082, |
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36.1083, 36.1084, 36.1085, 36.1086, and 36.1087 to read as follows: |
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Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) In |
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this section: |
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(1) "Development [, "development] board" means the |
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Texas Water Development Board. |
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(2) "District representative" means the presiding |
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officer or the presiding officer's designee for any district |
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located wholly or partly in the management area. |
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(b) If two or more districts are located within the |
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boundaries of the same management area, each district shall prepare |
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a comprehensive management plan as required by Section 36.1071 |
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covering that district's respective territory. On completion and |
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approval of the plan as required by Section 36.1072, each district |
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shall forward a copy of the new or revised management plan to the |
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other districts in the management area. The boards of the districts |
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shall consider the plans individually and shall compare them to |
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other management plans then in force in the management area. |
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(c) The district representatives [The presiding officer, or
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the presiding officer's designee, of each district located in whole
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or in part in the management area] shall meet at least annually to |
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conduct joint planning with the other districts in the management |
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area and to review the management plans, the [and] accomplishments |
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of [for] the management area, and proposals to adopt new or amend |
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existing desired future conditions. In reviewing the management |
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plans, the districts shall consider: |
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(1) the goals of each management plan and its impact on |
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planning throughout the management area; |
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(2) the effectiveness of the measures established by |
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each management plan for conserving and protecting groundwater and |
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preventing waste, and the effectiveness of these measures in the |
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management area generally; |
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(3) any other matters that the boards consider |
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relevant to the protection and conservation of groundwater and the |
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prevention of waste in the management area; and |
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(4) the degree to which each management plan achieves |
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the desired future conditions established during the joint planning |
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process. |
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(d) Not later than September 1, 2010, and every five years |
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thereafter, the districts shall consider groundwater availability |
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models and other data or information for the management area and |
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shall propose for adoption [establish] desired future conditions |
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for the relevant aquifers within the management area. Before |
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voting on the proposed [In establishing the] desired future |
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conditions of the aquifers under Subsection (d-2) [this section], |
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the districts shall consider: |
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(1) aquifer uses or conditions within the management |
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area, including conditions that differ substantially from one |
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geographic area to another; |
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(2) the water supply needs and water management |
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strategies included in the state water plan; |
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(3) hydrological conditions, including for each |
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aquifer in the management area the total estimated recoverable |
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storage as provided by the executive administrator, and the average |
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annual recharge, inflows, and discharge; |
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(4) other environmental impacts, including impacts on |
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spring flow and other interactions between groundwater and surface |
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water; |
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(5) the impact on subsidence; |
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(6) socioeconomic impacts reasonably expected to |
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occur; |
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(7) the impact on the interests and rights in private |
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property, including ownership and the rights of management area |
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landowners and their lessees and assigns in groundwater as |
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recognized under Section 36.002; |
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(8) whether the desired future conditions are |
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physically possible; and |
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(9) any other information relevant to the specific |
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desired future conditions [uses or conditions of an aquifer within
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the management area that differ substantially from one geographic
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area to another]. |
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(d-1) The districts may establish different desired future |
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conditions for: |
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(1) each aquifer, subdivision of an aquifer, or |
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geologic strata located in whole or in part within the boundaries of |
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the management area; or |
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(2) each geographic area overlying an aquifer in whole |
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or in part or subdivision of an aquifer within the boundaries of the |
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management area. |
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(d-2) [(d-1)] The desired future conditions proposed |
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[established] under Subsection (d) must provide a balance between |
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the highest practicable level of groundwater production and the |
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conservation, preservation, protection, recharging, and prevention |
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of waste of groundwater and control of subsidence in the management |
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area. This subsection does not prohibit the establishment of |
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desired future conditions that provide for the reasonable long-term |
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management of groundwater resources consistent with the management |
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goals under Section 36.1071(a). The desired future conditions |
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proposed under Subsection (d) must be approved [adopted] by a |
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two-thirds vote of all the district representatives for |
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distribution to the districts in the management area. A period of |
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not less than 30 or more than 90 days for public comments begins on |
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the day the proposed desired future conditions are mailed to the |
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districts. During the public comment period and after posting |
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notice as required by Section 36.063, each district shall hold a |
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public hearing on the proposed desired future conditions relevant |
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to that district. During the public comment period, the district |
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shall make available in its office a copy of the proposed desired |
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future conditions and any supporting materials, such as the |
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documentation of factors considered under Subsection (d) and |
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groundwater availability model run results. After the public |
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hearing, the district shall compile for consideration at the next |
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joint planning meeting a summary of relevant comments received, any |
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suggested revisions to the proposed desired future conditions, and |
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the basis for the revisions [present at a meeting:
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[(1)
at which at least two-thirds of the districts
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located in whole or in part in the management area have a voting
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representative in attendance; and
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[(2)
for which all districts located in whole or in
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part in the management area provide public notice in accordance
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with Chapter 551, Government Code.
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[(d-2)
Each district in the management area shall ensure
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that its management plan contains goals and objectives consistent
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with achieving the desired future conditions of the relevant
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aquifers as adopted during the joint planning process]. |
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(d-3) After the earlier of the date on which all the |
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districts have submitted their district summaries or the expiration |
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of the public comment period under Subsection (d-2), the district |
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representatives shall reconvene to review the reports, consider any |
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district's suggested revisions to the proposed desired future |
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conditions, and finally adopt the desired future conditions for the |
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management area. The desired future conditions must be adopted as a |
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resolution by a two-thirds vote of all the district |
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representatives. The district representatives shall produce a |
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desired future conditions explanatory report for the management |
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area and submit to the development board and each district in the |
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management area proof that notice was posted for the joint planning |
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meeting, a copy of the resolution, and a copy of the explanatory |
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report. The report must: |
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(1) identify each desired future condition; |
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(2) provide the policy and technical justifications |
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for each desired future condition; |
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(3) include documentation that the factors under |
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Subsection (d) were considered by the districts and a discussion of |
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how the adopted desired future conditions impact each factor; |
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(4) list other desired future condition options |
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considered, if any, and the reasons why those options were not |
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adopted; and |
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(5) discuss reasons why recommendations made by |
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advisory committees and public comments received by the districts |
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were or were not incorporated into the desired future conditions. |
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(d-4) As soon as possible after a district receives the |
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desired future conditions resolution and explanatory report under |
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Subsection (d-3), the district shall adopt the desired future |
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conditions in the resolution and report that apply to the district. |
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(e) Except as provided by this section, a [A] joint meeting |
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under this section must be held in accordance with Chapter 551, |
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Government Code. Each district shall comply with Chapter 552, |
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Government Code. The district representatives may elect one |
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district to be responsible for providing the notice of a joint |
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meeting that this section would otherwise require of each district |
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in the management area. Notice of a joint [the] meeting must be |
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provided at least 10 days before the date of the meeting by: |
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(1) providing notice to the secretary of state; |
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(2) providing notice to the county clerk of each |
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county located wholly or partly in a district that is located wholly |
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or partly in the management area; and |
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(3) posting notice at a place readily accessible to |
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the public at the district office of each district located wholly or |
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partly in the management area. |
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(f) The secretary of state and the county clerk of each |
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county described by Subsection (e) shall post notice of the meeting |
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in the manner provided by Section 551.053, Government Code. |
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(g) Notice of a joint meeting must include: |
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(1) the date, time, and location of the meeting; |
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(2) a summary of any action proposed to be taken; |
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(3) the name of each district located wholly or partly |
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in the management area; and |
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(4) the name, telephone number, and address of one or |
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more persons to whom questions, requests for additional |
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information, or comments may be submitted. |
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(h) The failure or refusal of one or more districts to post |
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notice for a joint meeting under Subsection (e) does not invalidate |
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an action taken at the joint meeting [shall be given in accordance
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with the requirements for notice of district board of directors
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meetings under that Act]. |
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Sec. 36.1081. TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT |
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PLANNING. (a) On request, the commission and the Texas Water |
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Development Board shall make technical staff available to serve in |
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a nonvoting advisory capacity to assist with the development of |
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desired future conditions during the joint planning process under |
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Section 36.108. |
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(b) During the joint planning process under Section 36.108, |
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the district representatives may appoint and convene nonvoting |
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advisory subcommittees who represent social, governmental, |
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environmental, or economic interests to assist in the development |
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of desired future conditions. |
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Sec. 36.1082. PETITION FOR INQUIRY. (a) In this section, |
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"affected person" means, with respect to a management area: |
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(1) an owner of land in the management area; |
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(2) a district in or adjacent to the management area; |
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(3) a regional water planning group with a water |
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management strategy in the management area; |
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(4) a person who holds or is applying for a permit from |
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a district in the management area; |
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(5) a person who, under Section 36.002, has an |
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ownership interest in groundwater in the management area; or |
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(6) any other person defined as affected by commission |
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rule. |
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(b) An affected person who seeks to appeal a desired future |
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condition adopted under Section 36.108 must file a petition under |
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Section 36.1083. Additionally, an affected person [(f) A district
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or person with a legally defined interest in the groundwater within
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the management area] may file a petition with the commission |
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requesting an inquiry for any of the following reasons: |
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(1) [if] a district fails [or districts refused] to |
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participate [join] in the joint planning process under Section |
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36.108; |
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(2) a district fails to adopt rules; |
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(3) a district fails to adopt the applicable desired |
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future conditions adopted by the management area at a joint |
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meeting; |
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(4) a district fails to update its management plan |
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before the second anniversary of the adoption of desired future |
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conditions by the management area; |
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(5) a district fails to update its rules to implement |
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the applicable desired future conditions before the first |
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anniversary of the date it updated its management plan with the |
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adopted desired future conditions; |
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(6) [or the process failed to result in adequate
|
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planning, including the establishment of reasonable future desired
|
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conditions of the aquifers, and the petition provides evidence
|
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that:
|
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[(1)
a district in the groundwater management area has
|
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failed to adopt rules;
|
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[(2)] the rules adopted by a district are not designed |
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to achieve the desired future conditions adopted by [condition of
|
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the groundwater resources in] the [groundwater] management area |
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[established] during the joint planning process; |
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(7) [(3)] the groundwater in the management area is |
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not adequately protected by the rules adopted by a district; or |
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(8) [(4)] the groundwater in the [groundwater] |
|
management area is not adequately protected due to the failure of a |
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district to enforce substantial compliance with its rules. |
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(c) [(g)] Not later than the 90th day after the date the |
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petition is filed, the commission shall review the petition and |
|
either: |
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(1) dismiss the petition if the commission finds that |
|
the evidence is not adequate to show that any of the conditions |
|
alleged in the petition exist; or |
|
(2) select a review panel as provided in Subsection |
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(d) [(h)]. |
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(d) [(h)] If the petition is not dismissed under Subsection |
|
(c) [(g)], the commission shall appoint a review panel consisting |
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of a chairman and four other members. A director or general manager |
|
of a district located outside the [groundwater] management area |
|
that is the subject of the petition may be appointed to the review |
|
panel. The commission may not appoint more than two members of the |
|
review panel from any one district. The commission also shall |
|
appoint a disinterested person to serve as a nonvoting recording |
|
secretary for the review panel. The recording secretary may be an |
|
employee of the commission. The recording secretary shall record |
|
and document the proceedings of the panel. |
|
(e) [(i)] Not later than the 120th day after appointment, |
|
the review panel shall review the petition and any evidence |
|
relevant to the petition and, in a public meeting, consider and |
|
adopt a report to be submitted to the commission. The commission |
|
may direct the review panel to conduct public hearings at a location |
|
in the [groundwater] management area to take evidence on the |
|
petition. The review panel may attempt to negotiate a settlement or |
|
resolve the dispute by any lawful means. |
|
(f) [(j)] In its report, the review panel shall include: |
|
(1) a summary of all evidence taken in any hearing on |
|
the petition; |
|
(2) a list of findings and recommended actions |
|
appropriate for the commission to take and the reasons it finds |
|
those actions appropriate; and |
|
(3) any other information the panel considers |
|
appropriate. |
|
(g) [(k)] The review panel shall submit its report to the |
|
commission. The commission may take action under Section 36.3011. |
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Sec. 36.1083. ADMINISTRATIVE APPEAL OF DESIRED FUTURE |
|
CONDITIONS. (a) In this section: |
|
(1) "Affected person" has the meaning assigned by |
|
Section 36.1082. |
|
(2) "Development board" means the Texas Water |
|
Development Board. |
|
(3) "Office" means the State Office of Administrative |
|
Hearings. |
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(b) Not later than the 180th day after the date on which a |
|
district adopted a desired future condition under Section |
|
36.108(d-4), an affected person may file a petition with the |
|
district requesting that the district contract with the office to |
|
conduct a hearing to appeal the desired future condition, including |
|
the reasonableness of the desired future condition. An affected |
|
person may not request a hearing under this section for a reason |
|
described by Section 36.1082(b). |
|
(c) Not later than the 45th day after the deadline for |
|
filing a petition under Subsection (b), the district shall: |
|
(1) contract with the office; |
|
(2) request a contested case hearing; and |
|
(3) submit a copy of any petitions received by the |
|
district to the office. |
|
(d) The hearing must be held at a location described by |
|
Section 36.403(c). The hearing shall be conducted in accordance |
|
with Chapter 2001, Government Code, and rules of the office. |
|
(e) The district may adopt rules for notice and hearings |
|
conducted under this section that are consistent with the |
|
procedural rules of the office. In the manner prescribed by |
|
district and office rules, the district shall provide general |
|
notice of the hearing and individual notice of the hearing to the |
|
petitioner, any other party in the hearing identified under |
|
Subsection (f)(3), each nonparty district and regional water |
|
planning group in the management area, the development board, and |
|
the commission. Only an affected person may participate as a party |
|
in the hearing. |
|
(f) The office shall hold a prehearing conference to |
|
determine preliminary matters including: |
|
(1) whether the petition should be dismissed for |
|
failure to state a claim on which relief can be granted; |
|
(2) whether a person is an affected person and |
|
eligible to participate as a party in the hearing; and |
|
(3) naming parties to the hearing. |
|
(g) The petitioner shall pay all costs associated with the |
|
contract for the hearing and shall deposit with the district an |
|
amount sufficient to pay the contract amount before the hearing |
|
begins. At the conclusion of the hearing, the district shall refund |
|
any excess money to the petitioner. |
|
(h) If the administrative law judge finds that a technical |
|
analysis is needed related to the hydrogeology of the area or |
|
matters within the development board's expertise, the judge may |
|
request a study from the development board. In conducting the |
|
technical analysis, the development board shall consider any |
|
relevant information provided in the petition, as well as any |
|
groundwater availability models, published studies, or other |
|
information the development board considers relevant. The study |
|
must be completed and delivered to the office not later than the |
|
120th day after the date of the request for admission into the |
|
evidentiary record for consideration at the hearing. The |
|
development board shall make available the relevant staff as expert |
|
witnesses during the hearing if requested by any party or the |
|
administrative law judge. |
|
(i) On receipt of the administrative law judge's findings of |
|
fact and conclusions of law in a proposal for decision, including a |
|
dismissal of a petition under Subsection (f), the district's board |
|
shall issue a final order stating the district's decision on the |
|
contested matter and the district's findings of fact and |
|
conclusions of law. The board may change a finding of fact or |
|
conclusion of law made by the administrative law judge, or may |
|
vacate or modify an order issued by the administrative law judge in |
|
the same manner as a state agency under Section 2001.058(e), |
|
Government Code. If the district in its final order finds that a |
|
desired future condition is unreasonable, the districts in the |
|
management area shall reconvene in a joint planning meeting not |
|
later than the 30th day after the date of the final order to revise |
|
the desired future condition. |
|
(j) A district's final order finding that a desired future |
|
condition is unreasonable does not invalidate the desired future |
|
condition for a district not subject to the petition. |
|
(k) If the administrative law judge considers it |
|
appropriate, the administrative law judge may consolidate hearings |
|
requested under this section by two or more districts and shall |
|
specify the location for the consolidated hearing from the possible |
|
locations under Subsection (d). The administrative law judge shall |
|
prepare separate findings of fact and conclusions of law for each |
|
district included as a party in a multidistrict hearing. |
|
Sec. 36.1084. COURT APPEAL OF DESIRED FUTURE CONDITION. |
|
(a) A final district order under Section 36.1083 may be appealed to |
|
a court under the substantial evidence standard of review as |
|
provided by Section 2001.174, Government Code. The venue for an |
|
appeal is a district court with jurisdiction over any part of the |
|
territory in the management area that includes the district whose |
|
final order is being appealed. If the court finds that a desired |
|
future condition is unreasonable, the court shall strike the |
|
desired future condition and order the districts in the management |
|
area to reconvene in a joint planning meeting not later than the |
|
30th day after the date of the court's decision to revise the |
|
desired future condition. |
|
(b) A court's finding under this section does not apply to a |
|
desired future condition that is not a matter before the court. |
|
(c) A petitioner may file a consolidated suit under this |
|
section to appeal the final orders of two or more districts. |
|
Sec. 36.1085. MANAGED AVAILABLE GROUNDWATER. (a) The |
|
Texas Water Development Board shall require the [(l)
A person with
|
|
a legally defined interest in the groundwater in the groundwater
|
|
management area, a district in or adjacent to the groundwater
|
|
management area, or a regional water planning group for a region in
|
|
the groundwater management area may file a petition with the
|
|
development board appealing the approval of the desired future
|
|
conditions of the groundwater resources established under this
|
|
section.
The petition must provide evidence that the districts did
|
|
not establish a reasonable desired future condition of the
|
|
groundwater resources in the groundwater management area.
|
|
[(m)
The development board shall review the petition and any
|
|
evidence relevant to the petition.
The development board shall
|
|
hold at least one hearing at a central location in the management
|
|
area to take testimony on the petition.
The development board may
|
|
delegate responsibility for a hearing to the executive
|
|
administrator or to a person designated by the executive
|
|
administrator.
If the development board finds that the conditions
|
|
require revision, the development board shall submit a report to
|
|
the districts that includes a list of findings and recommended
|
|
revisions to the desired future conditions of the groundwater
|
|
resources.
|
|
[(n)
The districts shall prepare a revised plan in
|
|
accordance with development board recommendations and hold, after
|
|
notice, at least one public hearing at a central location in the
|
|
groundwater management area.
After consideration of all public and
|
|
development board comments, the districts shall revise the
|
|
conditions and submit the conditions to the development board for
|
|
review.
|
|
[(o) The] districts in a management area to [shall] submit |
|
to the executive administrator not later than the 60th day after the |
|
date on which the districts adopted desired future conditions under |
|
Section 36.108(d-3): |
|
(1) the desired future conditions adopted |
|
[established] under Section 36.108; |
|
(2) proof that notice was posted for the joint |
|
planning meeting; and |
|
(3) the desired future conditions explanatory report |
|
[this section to the executive administrator]. |
|
(b) The executive administrator shall provide each district |
|
and regional water planning group located wholly or partly in the |
|
management area with the managed available groundwater in the |
|
management area based upon the desired future conditions adopted by |
|
the districts [condition of the groundwater resources established
|
|
under this section]. |
|
Sec. 36.1086. MANAGEMENT PLAN GOALS AND OBJECTIVES. 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. |
|
Sec. 36.1087. JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT |
|
AREA. [(p)] Districts located within the same [groundwater] |
|
management areas or in adjacent management areas may contract to |
|
jointly conduct studies or research, or to construct projects, |
|
under terms and conditions that the districts consider beneficial. |
|
These joint efforts may include studies of groundwater availability |
|
and quality, aquifer modeling, and the interaction of groundwater |
|
and surface water; educational programs; the purchase and sharing |
|
of equipment; and the implementation of projects to make |
|
groundwater available, including aquifer recharge, brush control, |
|
weather modification, desalination, regionalization, and treatment |
|
or conveyance facilities. The districts may contract under their |
|
existing authorizations including those of Chapter 791, Government |
|
Code, if their contracting authority is not limited by Sections |
|
791.011(c)(2) and (d)(3) and Section 791.014, Government Code. |
|
SECTION 7. Section 36.207, Water Code, is amended to read as |
|
follows: |
|
Sec. 36.207. USE OF PRODUCTION [PERMIT] FEES AUTHORIZED BY |
|
SPECIAL LAW. A district may use funds obtained from production |
|
[permit] fees collected pursuant to the special law governing the |
|
district for any purpose consistent with the district's approved |
|
[certified water] management plan including, without limitation, |
|
making grants, loans, or contractual payments to achieve, |
|
facilitate, or expedite reductions in groundwater pumping or the |
|
development or distribution of alternative water supplies. |
|
SECTION 8. Section 36.301, Water Code, is amended to read as |
|
follows: |
|
Sec. 36.301. VIOLATIONS RELATED TO [FAILURE TO SUBMIT A] |
|
MANAGEMENT PLAN. The commission shall take appropriate action |
|
under Section 36.303 if: |
|
(1) a district adopts or amends a rule in violation of |
|
Section 36.1071(f-1); |
|
(2) [If] a district [board] fails to submit a |
|
management plan or to receive approval [certification] of the [its] |
|
management plan under Section 36.1072; |
|
(3) a district fails to timely readopt the management |
|
plan or to submit the readopted management plan to the executive |
|
administrator for approval in accordance with Section 36.1072(f); |
|
(4) the executive administrator determines that a |
|
readopted management plan does not meet the requirements for |
|
approval, and the district has exhausted all appeals; or |
|
(5) a district fails to submit or receive approval |
|
[certification] of an amendment to the management plan under |
|
Section 36.1073[, the commission shall take appropriate action
|
|
under Section 36.303]. |
|
SECTION 9. Section 36.3011, Water Code, is amended to read |
|
as follows: |
|
Sec. 36.3011. COMMISSION ACTION REGARDING [FAILURE OF] |
|
DISTRICT DUTIES RELATED TO [CONDUCT] JOINT PLANNING. Not later |
|
than the 45th day after receiving the review panel's report under |
|
Section 36.1082 [36.108], the executive director or the commission |
|
shall take action to implement any or all of the panel's |
|
recommendations. The commission may take any action against a |
|
district it considers necessary in accordance with Section 36.303 |
|
if the commission finds that: |
|
(1) the district has failed to participate in the |
|
joint planning process under Section 36.108 [a district has failed
|
|
to submit its plan to the executive administrator]; |
|
(2) the [a] district has failed to adopt rules; |
|
(3) the district has failed to adopt the applicable |
|
desired future conditions adopted by the management area at a joint |
|
meeting; |
|
(4) the district has failed to update its management |
|
plan before the second anniversary of the adoption of desired |
|
future conditions by the management area; |
|
(5) the district has failed to update its rules to |
|
implement the applicable desired future conditions before the first |
|
anniversary of the date it updated its management plan with the |
|
adopted desired future conditions; |
|
(6) the rules adopted by the district are not designed |
|
to achieve the desired future conditions adopted by [condition of
|
|
the groundwater resources in] the [groundwater] management area |
|
during the joint planning process; [or] |
|
(7) [(4)] the groundwater in the management area is |
|
not adequately protected by the rules adopted by the district; [,] |
|
or |
|
(8) the groundwater in the management area is not |
|
adequately protected because of the district's failure to enforce |
|
substantial compliance with its rules. |
|
SECTION 10. The notice provisions of Sections 36.063(b) and |
|
(c), Water Code, as added by this Act, apply only to a meeting or |
|
hearing of a groundwater conservation district or a joint planning |
|
meeting of groundwater conservation districts held on or after the |
|
effective date of this Act. A meeting or hearing held before the |
|
effective date of this Act is subject to the notice provisions in |
|
effect at the time of the meeting or hearing, and those provisions |
|
are continued in effect for that purpose. |
|
SECTION 11. The requirement that a groundwater conservation |
|
district's management plan under Section 36.1071(e), Water Code, as |
|
amended by this Act, include the desired future conditions adopted |
|
under Section 36.108, Water Code, as amended by this Act, for |
|
submission to the executive administrator of the Texas Water |
|
Development Board before the plan is considered administratively |
|
complete applies only to a district management plan submitted to |
|
the executive administrator on or after the effective date of this |
|
Act. A management plan submitted before the effective date of this |
|
Act is governed by the law in effect on the date the plan was |
|
submitted, and that law is continued in effect for that purpose. |
|
SECTION 12. Section 36.1071, Water Code, as amended by this |
|
Act, applies only to the rulemaking authority of a groundwater |
|
conservation district related to a management plan or an amendment |
|
to a management plan that is submitted by the district to the |
|
executive administrator of the Texas Water Development Board for |
|
review and approval on or after the effective date of this Act. A |
|
district's rulemaking authority related to a management plan or an |
|
amendment to a management plan that is submitted to the executive |
|
administrator of the Texas Water Development Board before the |
|
effective date of this Act is governed by the law in effect when the |
|
management plan or amendment was submitted, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 13. The procedures for the adoption and reporting |
|
of desired future conditions of groundwater resources in a |
|
management area under Section 36.108, Water Code, as amended by |
|
this Act, and Section 36.1085, Water Code, as added by this Act, |
|
apply only to the adoption of desired future conditions that occurs |
|
on or after the effective date of this Act. Desired future |
|
conditions adopted before the effective date of this Act are |
|
governed by the law in effect on the date the desired future |
|
conditions were adopted, and that law is continued in effect for |
|
that purpose. |
|
SECTION 14. A petition filed and pending on the effective |
|
date of this Act before the Texas Water Development Board to appeal |
|
the adoption of desired future conditions by a groundwater |
|
management area under former Section 36.108(l), Water Code, shall |
|
be handled by the Texas Water Development Board in compliance with |
|
Sections 36.108(l), (m), and (n), Water Code, as those sections |
|
existed before the effective date of this Act. |
|
SECTION 15. The change in law made by this Act to Section |
|
36.301, Water Code, applies only to a violation by a groundwater |
|
conservation district that occurs on or after the effective date of |
|
this Act. A violation that occurs before the effective date of this |
|
Act is governed by the law in effect on the date the violation |
|
occurred, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 16. This Act takes effect September 1, 2011. |