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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of groundwater management areas to |
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coincide with major and minor aquifers and the joint planning |
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process in those areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.004(a), Water Code, is amended to |
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read as follows: |
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(a) The Texas Water Development Board, with assistance and |
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cooperation from the commission, shall designate groundwater |
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management areas so that each major aquifer and each minor aquifer |
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in this state is assigned to a groundwater management area |
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designated solely for that aquifer [covering all major and minor
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aquifers in the state. The initial designation of groundwater
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management areas shall be completed not later than September 1,
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2003. Each groundwater management area shall be designated with the
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objective of providing the most suitable area for the management of
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the groundwater resources. To the extent feasible, the groundwater
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management area shall coincide with the boundaries of a groundwater
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reservoir or a subdivision of a groundwater reservoir. The Texas
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Water Development Board also may consider other factors, including
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the boundaries of political subdivisions]. |
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SECTION 2. Sections 36.108(c), (d), and (d-1), Water Code, |
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are amended to read as follows: |
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(c) The district representatives shall meet at least |
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annually to conduct joint planning with the other districts in each |
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[the] management area to which the district belongs and to review |
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the management plans, the accomplishments of the management area, |
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and proposals to adopt new or amend existing desired future |
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conditions. In reviewing the management plans, the districts |
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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 district's management plan for conserving and protecting |
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groundwater and preventing waste, and the effectiveness of these |
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measures in the 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 August 1, 2020 [September 1, 2010], and |
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every five years thereafter, the districts shall consider |
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groundwater availability models and other data or information for |
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the management area and shall propose for adoption desired future |
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conditions for the aquifer [relevant aquifers] within the |
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management area. Before voting on the proposed desired future |
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conditions of the aquifer [aquifers] under Subsection (d-2), the |
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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 for the aquifer as provided by the executive administrator, |
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and the aquifer's average 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) the feasibility of achieving the desired future |
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condition; and |
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(9) any other information relevant to the specific |
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desired future conditions. |
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(d-1) After considering and documenting the factors |
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described by Subsection (d) and other relevant scientific and |
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hydrogeological data, the districts may establish different |
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desired future 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 area |
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overlying the aquifer [boundaries of the management area]; or |
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(2) each geographic area overlying the [an] aquifer |
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[in whole or in part or subdivision of an aquifer within the
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boundaries of the management area]. |
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SECTION 3. Section 36.1085, Water Code, is amended to read |
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as follows: |
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Sec. 36.1085. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each |
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district in the management area shall ensure that its management |
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plan contains goals and objectives consistent with achieving the |
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desired future conditions for the aquifer [of the relevant
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aquifers] as adopted during the joint planning process. |
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SECTION 4. Section 35.004(b), Water Code, is repealed. |
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SECTION 5. Not later than May 1, 2018, the Texas Water |
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Development Board shall designate groundwater management areas |
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under Section 35.004, Water Code, as amended by this Act. |
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SECTION 6. This Act takes effect September 1, 2017. |