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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 36.1071, Water Code, is amended by |
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amending Subsections (c) and (f) and adding Subsection (f-1) to |
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read as follows: |
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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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(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 2. 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 goals of the management plan |
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are consistent with the achievement of the desired future |
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conditions established under Section 36.108(d) that are applicable |
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to all or part of the district, considering any available |
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information 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 3. 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 4. Subsection (n), Section 36.108, Water Code, is |
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amended to read as follows: |
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(n) The districts shall prepare [a] revised conditions |
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[plan] in accordance with development board recommendations and |
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hold, after notice, at least one public hearing at a central |
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location in the groundwater management area. After consideration |
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of all public and development board comments, the districts shall |
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revise the conditions and submit the conditions to the development |
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board for review. |
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SECTION 5. Section 36.207, Water Code, is amended to read as |
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follows: |
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Sec. 36.207. USE OF PRODUCTION [PERMIT] FEES AUTHORIZED BY |
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SPECIAL LAW. A district may use funds obtained from production |
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[permit] fees collected pursuant to the special law governing the |
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district for any purpose consistent with the district's approved |
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[certified water] management plan including, without limitation, |
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making grants, loans, or contractual payments to achieve, |
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facilitate, or expedite reductions in groundwater pumping or the |
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development or distribution of alternative water supplies. |
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SECTION 6. Section 36.301, Water Code, is amended to read as |
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follows: |
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Sec. 36.301. VIOLATIONS RELATED TO [FAILURE TO SUBMIT A] |
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MANAGEMENT PLAN. The commission shall take appropriate action |
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under Section 36.303 if: |
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(1) a district adopts or amends a rule in violation of |
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Section 36.1071(f-1); |
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(2) [If] a district [board] fails to submit a |
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management plan or to receive approval [certification] of the [its] |
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management plan under Section 36.1072; |
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(3) a district fails to timely readopt the management |
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plan or to submit the readopted management plan to the executive |
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administrator for approval in accordance with Section 36.1072(f); |
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(4) the executive administrator determines that a |
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readopted management plan does not meet the requirements for |
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approval, and the district has exhausted all appeals; or |
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(5) a district fails to submit or receive approval |
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[certification] of an amendment to the management plan under |
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Section 36.1073[, the commission shall take appropriate action
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under Section 36.303]. |
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SECTION 7. (a) Section 36.1071, Water Code, as amended by |
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this Act, applies only to the rulemaking authority of a groundwater |
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conservation district related to a management plan or an amendment |
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to a management plan that is submitted by the district to the |
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executive administrator of the Texas Water Development Board for |
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review and approval on or after the effective date of this Act. A |
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district's rulemaking authority related to a management plan or an |
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amendment to a management plan that is submitted to the executive |
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administrator of the Texas Water Development Board before the |
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effective date of this Act is governed by the law in effect when the |
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management plan or amendment was submitted, and the former law is |
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continued in effect for that purpose. |
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(b) The change in law made by this Act to Section 36.301, |
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Water Code, applies only to a violation by a groundwater |
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conservation district that occurs on or after the effective date of |
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this Act. A violation that occurs before the effective date of this |
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Act is governed by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. 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. |
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