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A BILL TO BE ENTITLED
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AN ACT
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relating to an appeal of a desired future condition in a groundwater |
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management area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.10835, Water Code, is amended to read |
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as follows: |
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Sec. 36.10835. JUDICIAL APPEAL OF DESIRED FUTURE CONDITION |
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[CONDITIONS]. (a) In this section: |
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(1) "Affected person" means, with respect to the |
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management area in which the district is located: |
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(A) an owner of land in the management area; |
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(B) a groundwater conservation district or |
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subsidence district in or adjacent to the management area; |
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(C) a regional water planning group with a water |
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management strategy in the management area; |
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(D) a person who holds or is applying for a permit |
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from a district in the management area; or |
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(E) a person with a legally defined interest in |
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groundwater in the management area. |
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(2) "Development board" means the Texas Water |
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Development Board. |
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(3) "District" means a district that is a party to an |
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appeal under this section [A final district order issued under
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Section 36.1083 may be appealed to a district court with
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jurisdiction over any part of the territory of the district that
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issued the order.
An appeal under this subsection must be filed
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with the district court not later than the 45th day after the date
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the district issues the final order. The case shall be decided
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under the substantial evidence standard of review as provided by
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Section 2001.174, Government Code]. |
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(b) A district's adoption of a desired future condition |
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under Section 36.108(d-4) may be appealed by an affected person to a |
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district court with jurisdiction over any part of the territory of |
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the district. An appeal must be filed with the district court not |
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later than the 120th day after the date of the adoption. The |
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pleadings must provide evidence that the desired future condition |
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adopted by the districts was unreasonable. |
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(c) Not later than the 10th day after receiving notice of |
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the appeal, the district shall submit a copy of the pleadings to the |
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development board. On receipt of the pleadings, the development |
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board shall conduct: |
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(1) an administrative review to determine whether the |
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desired future condition established by the district meets the |
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criteria in Section 36.108(d); and |
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(2) a study containing scientific and technical |
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analysis of the desired future condition, including consideration |
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of: |
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(A) the hydrogeology of the aquifer; |
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(B) the explanatory report provided to the |
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development board under Section 36.108(d-3); |
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(C) the factors described under Section |
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36.108(d); and |
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(D) any relevant: |
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(i) groundwater availability models; |
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(ii) published studies; |
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(iii) estimates of total recoverable |
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storage capacity; |
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(iv) average annual amounts of recharge, |
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inflows, and discharge of groundwater; or |
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(v) information provided in the petition or |
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available to the development board. |
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(d) Not later than the 120th day after the date of receiving |
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a copy of the pleadings, the development board shall complete and |
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deliver to the court the review and study required by Subsection |
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(c). The development board shall make available relevant staff as |
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expert witnesses if requested by the court. |
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(e) If the court finds that a desired future condition is |
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unreasonable, the court shall strike the desired future condition |
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and order the districts in the same management area as the district |
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that was a party to the appeal [received the petition] to reconvene |
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not later than the 60th day after the date of the court order in a |
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joint planning meeting for the purpose of revising the desired |
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future condition. The districts in the management area shall |
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follow the procedures in Section 36.108 to adopt new desired future |
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conditions applicable to the district that was a party to the appeal |
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[received the petition]. |
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(f) [(b)] A court's finding under this section does not |
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apply to a desired future condition that is not a matter before the |
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court. |
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SECTION 2. Section 36.1083, Water Code, is repealed. |
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SECTION 3. The change in law made by this Act applies to an |
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action filed on or after the effective date of this Act. An action |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the action was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |