85R6245 AAF-F
 
  By: Lucio III H.B. No. 3166
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of modeled sustainable groundwater
  pumping in the adoption of desired future conditions in groundwater
  conservation districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.001, Water Code, is amended by adding
  Subdivision (32) to read as follows:
               (32)  "Modeled sustainable groundwater pumping" means
  the maximum amount of groundwater that the executive administrator
  determines may be produced in perpetuity from an aquifer on an
  annual basis using the best available science.
         SECTION 2.  Section 36.108(d), Water Code, is amended to
  read as follows:
         (d)  Not later than September 1, 2010, and every five years
  thereafter, the 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 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 and modeled sustainable groundwater pumping 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.
         SECTION 3.  This Act takes effect September 1, 2017.