SECTION 3. Section 36.108,
Water Code, is amended by adding Subsections (b-1), (b-2), and (f) and
amending Subsections (c), (d), (d-1), (d-2), (d-3), and (d-4) to read as
follows:
(b-1) The management area
planning group consists of:
(1) the district
representatives as voting members; and
(2) the members added to
the group under Subsection (b-2).
(b-2) The district
representatives may add a voting or nonvoting member to the management area
planning group by a written resolution adopted by a two-thirds vote of the
district representatives. The resolution must describe the scope of voting
authority for each member added to the management area planning group.
(c) The management area
planning group [district representatives] shall meet at least
annually to conduct joint planning [with the other districts in the
management area] and to review the management plans, the
accomplishments of the management area, and proposals to adopt new or amend
existing desired future conditions. In reviewing the management plans, the
management area planning group [districts] shall consider:
(1) the goals of each
management plan and its impact on planning throughout the management area;
(2) the effectiveness of the
measures established by each district's management plan for conserving and
protecting groundwater and preventing waste, and the effectiveness of these
measures in the management area generally;
(3) any other matters that
the boards consider relevant to the protection and conservation of
groundwater and the prevention of waste in the management area; and
(4) the degree to which each
management plan achieves the desired future conditions established during
the joint planning process.
(d) Not later than May 1,
2021 [September 1, 2010], and every five years thereafter, the management
area planning group [districts] shall consider groundwater
availability models and other data or information for the management area
and shall propose for adoption desired future conditions for the relevant
aquifers within the management area. Before voting on the proposed desired
future conditions of the aquifers under Subsection (d-2), the management
area planning group [districts] shall consider:
(1) aquifer uses or
conditions within the management area, including conditions that differ
substantially from one geographic area to another;
(2) the water supply needs
and water management strategies included in the state water plan;
(3) hydrological conditions,
including for each aquifer in the management area the total estimated
recoverable storage as provided by the executive administrator, and the
average annual recharge, inflows, and discharge;
(4) other environmental
impacts, including impacts on spring flow and other interactions between
groundwater and surface water;
(5) the impact on
subsidence;
(6) socioeconomic impacts
reasonably expected to occur;
(7) the impact on the
interests and rights in private property, including ownership and the
rights of management area landowners and their lessees and assigns in
groundwater as recognized under Section 36.002;
(8) the feasibility of
achieving the desired future condition; and
(9) any other information
relevant to the specific desired future conditions.
(d-1) After considering and
documenting the factors described by Subsection (d) and other relevant
scientific and hydrogeological data, the management area planning group
[districts] may establish different desired future conditions for:
(1) each aquifer,
subdivision of an aquifer, or geologic strata located in whole or in part
within the boundaries of the management area; or
(2) each geographic area
overlying an aquifer in whole or in part or subdivision of an aquifer
within the boundaries of the management area.
(d-2) The desired future
conditions proposed under Subsection (d) must provide a balance between the
highest practicable level of groundwater production and the conservation,
preservation, protection, recharging, and prevention of waste of
groundwater and control of subsidence in the management area. This
subsection does not prohibit the establishment of desired future conditions
that provide for the reasonable long-term management of groundwater
resources consistent with the management goals under Section 36.1071(a).
The desired future conditions proposed under Subsection (d) must be
approved by a two-thirds vote of [all] the voting members of the
management area planning group [district representatives] for
distribution to the districts in the management area. A period of not less
than 90 days for public comments begins on the day the proposed desired
future conditions are mailed to the districts. During the public comment
period and after posting notice as required by Section 36.063, each
district shall hold a public hearing on any proposed desired future
conditions relevant to that district. During the public comment period,
the district shall make available in its office a copy of the proposed
desired future conditions and any supporting materials, such as the
documentation of factors considered under Subsection (d) and groundwater
availability model run results. After the close of the public comment
period [hearing], the district shall compile for consideration
at the next joint planning meeting a summary of relevant comments received,
any suggested revisions to the proposed desired future conditions, and the
basis for the revisions.
(d-3) After [the earlier
of the date on which] all the districts have submitted their district
summaries [or the expiration of the public comment period under
Subsection (d-2)], the management area planning group [district
representatives] shall reconvene to review the reports, consider any
district's suggested revisions to the proposed desired future conditions,
and finally adopt the desired future conditions for the management area.
The desired future conditions must be approved by [adopted as]
a resolution adopted by a two-thirds vote of [all] the voting
members of the management area planning group [district
representatives].
The management area
planning group [district representatives] shall produce a
desired future conditions explanatory report for the management area and
submit to the development board and each district in the management area
proof that notice was posted for the joint planning meeting, a copy of the
resolution, and a copy of the explanatory report. The report must:
(1) identify each desired
future condition;
(2) provide the policy and
technical justifications for each desired future condition;
(3) include documentation
that the factors under Subsection (d) were considered by the management
area planning group [districts] and a discussion of how the
adopted desired future conditions impact each factor;
(4) list other desired
future condition options considered, if any, and the reasons why those
options were not adopted; and
(5) discuss reasons why
recommendations made by advisory committees and relevant public comments
received by the districts were or were not incorporated into the desired
future conditions.
(d-4) After [As
soon as possible after] a district receives notification from the
Texas Water Development Board that the desired future conditions
resolution and explanatory report under Subsection (d-3) is administratively complete, the
district shall adopt the applicable desired future conditions in the
resolution and report not later than
January 5, 2022, and every five years thereafter [that apply
to the district].
(f) At least once during
every five-year period for the development and adoption of desired future
conditions and not less than three years or more than four years before the
deadline for adoption of the desired future conditions, the management area
planning group shall hold a public meeting for the purpose of receiving
recommendations for desired future conditions from the joint planning
advisory committee created under Section 36.1081. The management area
planning group shall coordinate with the joint planning advisory committee
to schedule the meeting.
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SECTION 3. Section 36.108,
Water Code, is amended by adding Subsections (b-1), (b-2), and (f) and
amending Subsections (c), (d), (d-1), (d-2), (d-3), and (d-4) to read as
follows:
(b-1) The management area
planning group consists of:
(1) the district
representatives as voting members; and
(2) the members added to
the group under Subsection (b-2).
(b-2) The district
representatives may add a voting or nonvoting member to the management area
planning group by a written resolution adopted by a two-thirds vote of the
district representatives. The resolution must describe the scope of voting
authority for each member added to the management area planning group.
(c) The management area
planning group [district representatives] shall meet at least
annually to conduct joint planning [with the other districts in the
management area] and to review the management plans, the
accomplishments of the management area, and proposals to adopt new or amend
existing desired future conditions. In reviewing the management plans, the
management area planning group [districts] shall consider:
(1) the goals of each
management plan and its impact on planning throughout the management area;
(2) the effectiveness of the
measures established by each district's management plan for conserving and
protecting groundwater and preventing waste, and the effectiveness of these
measures in the management area generally;
(3) any other matters that
the boards consider relevant to the protection and conservation of
groundwater and the prevention of waste in the management area; and
(4) the degree to which each
management plan achieves the desired future conditions established during
the joint planning process.
(d) Not later than May 1,
2021 [September 1, 2010], and every five years thereafter, the management
area planning group [districts] shall consider groundwater
availability models and other data or information for the management area
and shall propose for adoption desired future conditions for the relevant
aquifers within the management area. Before voting on the proposed desired
future conditions of the aquifers under Subsection (d-2), the management
area planning group [districts] shall consider:
(1) aquifer uses or
conditions within the management area, including conditions that differ
substantially from one geographic area to another;
(2) the water supply needs
and water management strategies included in the state water plan;
(3) hydrological conditions,
including for each aquifer in the management area the total estimated
recoverable storage as provided by the executive administrator, and the
average annual recharge, inflows, and discharge;
(4) other environmental
impacts, including impacts on spring flow and other interactions between
groundwater and surface water;
(5) the impact on
subsidence;
(6) socioeconomic impacts
reasonably expected to occur;
(7) the impact on the
interests and rights in private property, including ownership and the
rights of management area landowners and their lessees and assigns in
groundwater as recognized under Section 36.002;
(8) the feasibility of
achieving the desired future condition; and
(9) any other information
relevant to the specific desired future conditions.
(d-1) After considering and
documenting the factors described by Subsection (d) and other relevant
scientific and hydrogeological data, the management area planning group
[districts] may establish different desired future conditions for:
(1) each aquifer,
subdivision of an aquifer, or geologic strata located in whole or in part
within the boundaries of the management area; or
(2) each geographic area
overlying an aquifer in whole or in part or subdivision of an aquifer
within the boundaries of the management area.
(d-2) The desired future
conditions proposed under Subsection (d) must provide a balance between the
highest practicable level of groundwater production and the conservation,
preservation, protection, recharging, and prevention of waste of
groundwater and control of subsidence in the management area. This
subsection does not prohibit the establishment of desired future conditions
that provide for the reasonable long-term management of groundwater
resources consistent with the management goals under Section 36.1071(a).
The desired future conditions proposed under Subsection (d) must be
approved by a two-thirds vote of [all] the voting members of the
management area planning group [district representatives] for
distribution to the districts in the management area. A period of not less
than 90 days for public comments begins on the day the proposed desired
future conditions are mailed to the districts. During the public comment
period and after posting notice as required by Section 36.063, each
district shall hold a public hearing on any proposed desired future
conditions relevant to that district. During the public comment period,
the district shall make available in its office a copy of the proposed
desired future conditions and any supporting materials, such as the
documentation of factors considered under Subsection (d) and groundwater
availability model run results. After the close of the public comment
period [hearing], the district shall compile for consideration at
the next joint planning meeting a summary of relevant comments received,
any suggested revisions to the proposed desired future conditions, and the
basis for the revisions.
(d-3) After [the earlier
of the date on which] all the districts have submitted their district
summaries [or the expiration of the public comment period under
Subsection (d-2)], the management area planning group [district
representatives] shall reconvene to review the reports, consider any
district's suggested revisions to the proposed desired future conditions,
and finally adopt the desired future conditions for the management area.
The desired future conditions must be approved by [adopted as]
a resolution adopted by a two-thirds vote of [all] the voting
members of the management area planning group not
later than January 5, 2022. Subsequent desired future conditions must be
proposed and finally adopted by the management area planning group before
the end of each successive five-year period after that date [district representatives].
The management area
planning group [district representatives] shall produce a
desired future conditions explanatory report for the management area and
submit to the development board and each district in the management area
proof that notice was posted for the joint planning meeting, a copy of the
resolution, and a copy of the explanatory report. The report must:
(1) identify each desired
future condition;
(2) provide the policy and
technical justifications for each desired future condition;
(3) include documentation
that the factors under Subsection (d) were considered by the management
area planning group [districts] and a discussion of how the
adopted desired future conditions impact each factor;
(4) list other desired
future condition options considered, if any, and the reasons why those
options were not adopted; and
(5) discuss reasons why
recommendations made by advisory committees and relevant public comments
received by the districts were or were not incorporated into the desired
future conditions.
(d-4) After [As
soon as possible after] a district receives notification from the
Texas Water Development Board that the desired future conditions
resolution and explanatory report under Subsection (d-3) are administratively complete, the
district shall adopt the applicable desired future conditions in the
resolution and report [that apply to the district].
(f) At least once during
every five-year period for the development and adoption of desired future
conditions and not less than three years or more than four years before the
deadline for adoption of the desired future conditions, the management area
planning group shall hold a public meeting for the purpose of receiving
recommendations for desired future conditions from the joint planning
advisory committee created under Section 36.1081. The management area
planning group shall coordinate with the joint planning advisory committee
to schedule the meeting.
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SECTION 4. Section 36.1081,
Water Code, is amended to read as follows:
Sec. 36.1081. TECHNICAL
STAFF AND [SUBCOMMITTEES FOR] JOINT PLANNING ADVISORY COMMITTEE.
(a) On request, the commission and the Texas Water Development Board shall
make technical staff available to serve in a nonvoting advisory capacity to
assist the management area planning group and the joint planning
advisory committee with the development of desired future conditions
during the joint planning process under Section 36.108.
(b) In this section:
(1) "Management area
planning group" has the meaning assigned by Section 36.108.
(2) "Regional water
planning group" means a group created under Section 16.053.
(c) During the joint
planning process under Section 36.108, the management area planning
group and the presiding officer of each regional water planning group
located wholly or partly in the management area shall [district
representatives may] appoint a joint planning [and convene
nonvoting] advisory committee of persons to represent the interests
described by Section 16.053(c) [subcommittees who represent social,
governmental, environmental, or economic interests to assist in the
development of desired future conditions].
(d) The presiding officer
of each regional water planning group located wholly or partly in the
management area shall provide written notification to the management area
planning group of:
(1) whether the officer
or the officer's designee will serve on the joint planning advisory
committee; and
(2) which interest
described by Section 16.053(c) the officer or the officer's designee represents.
(e) After the management
area planning group receives a notification under Subsection (d) from each
regional water planning group that is located wholly or partly in the
management area, the management area planning group shall appoint
additional members of the joint planning advisory committee:
(1) in a manner that
ensures the greatest representation of the interests described by Section
16.053(c); and
(2) to the extent that
the management area planning group is able to identify qualified people
willing to serve on the committee.
(f) The management area
planning group shall provide notice in the manner described by Section
36.108(e) that describes:
(1) the purpose of the
joint planning advisory committee; and
(2) the process by which
a person may submit nominations to the committee.
(g) On request by the
management area planning group, the Texas Water Development Board shall
provide assistance in soliciting additional members of the joint planning
advisory committee.
(h) Members of the joint planning
advisory committee are not required to reside in the management area or a
regional water planning area that is located wholly or partly in the
management area.
(i) The joint planning
advisory committee may adopt written bylaws to govern the committee's
performance of its duties.
(j) A vacancy on the
joint planning advisory committee shall be filled by the regional water
planning group presiding officer or designee or
the management area planning group that appointed the person whose position
is vacant.
(k) The joint planning
advisory committee is not subject to the provisions of Chapters 551 and
552, Government Code.
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SECTION 4. Section 36.1081,
Water Code, is amended to read as follows:
Sec. 36.1081. TECHNICAL
STAFF AND [SUBCOMMITTEES FOR] JOINT PLANNING ADVISORY COMMITTEE.
(a) On request, the commission and the Texas Water Development Board shall
make technical staff available to serve in a nonvoting advisory capacity to
assist the management area planning group and the joint planning advisory
committee with the development of desired future conditions during the
joint planning process under Section 36.108.
(b) In this section:
(1) "Management area
planning group" has the meaning assigned by Section 36.108.
(2) "Regional water
planning group" means a group created under Section 16.053.
(c) During the joint
planning process under Section 36.108, the management area planning
group and the presiding officer of each regional water planning group
located wholly or partly in the management area shall [district
representatives may] appoint a joint planning [and convene
nonvoting] advisory committee of persons to represent the interests
described by Section 16.053(c) [subcommittees who represent social,
governmental, environmental, or economic interests to assist in the
development of desired future conditions].
(d) The presiding officer
of each regional water planning group located wholly or partly in the
management area shall provide written notification to the management area
planning group of:
(1) whether the officer
or the officer's designee will serve on the joint planning advisory
committee; and
(2) which interest
described by Section 16.053(c) the officer or the officer's designee
represents.
(e) After the management
area planning group receives a notification under Subsection (d) from each
regional water planning group that is located wholly or partly in the
management area, the management area planning group shall appoint
additional members of the joint planning advisory committee:
(1) in a manner that
ensures the greatest representation of the interests described by Section
16.053(c); and
(2) to the extent that
the management area planning group is able to identify qualified people
willing to serve on the committee.
(f) The management area
planning group shall provide notice in the manner described by Section
36.108(e) that describes:
(1) the purpose of the
joint planning advisory committee; and
(2) the process by which
a person may submit nominations to the committee.
(g) On request by the
management area planning group, the Texas Water Development Board shall
provide assistance in soliciting additional members of the joint planning
advisory committee.
(h) Members of the joint
planning advisory committee are not required to reside in the management
area or a regional water planning area that is located wholly or partly in
the management area.
(i) The joint planning
advisory committee may adopt written bylaws to govern the committee's
performance of its duties.
(j) A vacancy on the
joint planning advisory committee shall be filled by the regional water
planning group presiding officer or designee of
the management area planning group that appointed the person whose position
is vacant.
(k) The joint planning
advisory committee is not subject to the provisions of Chapters 551 and
552, Government Code.
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