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A BILL TO BE ENTITLED
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AN ACT
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relating to the joint planning process for groundwater management. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.053(e), Water Code, as amended by |
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Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts |
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of the 84th Legislature, Regular Session, 2015, is reenacted and |
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amended to read as follows: |
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(e) Each regional water planning group shall submit to the |
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development board a regional water plan that: |
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(1) is consistent with the guidance principles for the |
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state water plan adopted by the development board under Section |
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16.051(d); |
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(2) provides information based on data provided or |
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approved by the development board in a format consistent with the |
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guidelines provided by the development board under Subsection (d); |
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(2-a) is consistent with the desired future conditions |
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adopted under Section 36.108 for the relevant aquifers located in |
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the regional water planning area as of the most recent deadline for |
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[date] the board to adopt the [most recently adopted a] state water |
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plan under Section 16.051 or, at the option of the regional water |
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planning group, established subsequent to the adoption of the most |
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recent plan; provided, however, that if no groundwater conservation |
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district exists within the area of the regional water planning |
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group, the regional water planning group shall determine the supply |
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of groundwater for regional planning purposes; the Texas Water |
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Development Board shall review and approve, prior to inclusion in |
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the regional water plan, that the groundwater supply for the |
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regional planning group without a groundwater conservation |
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district in its area is physically compatible, using the board's |
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groundwater availability models, with the desired future |
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conditions adopted under Section 36.108 for the relevant aquifers |
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in the groundwater management area that are regulated by |
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groundwater conservation districts; |
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(3) identifies: |
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(A) each source of water supply in the regional |
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water planning area, including information supplied by the |
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executive administrator on the amount of modeled available |
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groundwater in accordance with the guidelines provided by the |
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development board under Subsections (d) and (f); |
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(B) factors specific to each source of water |
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supply to be considered in determining whether to initiate a |
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drought response; |
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(C) actions to be taken as part of the response; |
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and |
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(D) existing major water infrastructure |
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facilities that may be used for interconnections in the event of an |
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emergency shortage of water; |
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(4) has specific provisions for water management |
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strategies to be used during a drought of record; |
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(5) includes but is not limited to consideration of |
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the following: |
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(A) any existing water or drought planning |
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efforts addressing all or a portion of the region and potential |
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impacts on public health, safety, or welfare in this state; |
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(B) approved groundwater conservation district |
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management plans and other plans submitted under Section 16.054; |
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(C) all potentially feasible water management |
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strategies, including but not limited to improved conservation, |
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reuse, and management of existing water supplies, conjunctive use, |
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acquisition of available existing water supplies, and development |
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of new water supplies; |
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(D) protection of existing water rights in the |
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region; |
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(E) opportunities for and the benefits of |
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developing regional water supply facilities or providing regional |
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management of water supply facilities; |
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(F) appropriate provision for environmental |
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water needs and for the effect of upstream development on the bays, |
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estuaries, and arms of the Gulf of Mexico and the effect of plans on |
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navigation; |
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(G) provisions in Section 11.085(k)(1) if |
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interbasin transfers are contemplated; |
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(H) voluntary transfer of water within the region |
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using, but not limited to, regional water banks, sales, leases, |
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options, subordination agreements, and financing agreements; |
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(I) emergency transfer of water under Section |
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11.139, including information on the part of each permit, certified |
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filing, or certificate of adjudication for nonmunicipal use in the |
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region that may be transferred without causing unreasonable damage |
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to the property of the nonmunicipal water rights holder; and |
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(J) opportunities for and the benefits of |
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developing large-scale desalination facilities for: |
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(i) marine seawater that serve local or |
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regional entities; and |
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(ii) [(J) opportunities for and the
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benefits of developing large-scale desalination facilities for] |
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seawater or brackish groundwater that serve local or regional |
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brackish groundwater production zones identified and designated |
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under Section 16.060(b)(5); |
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(6) identifies river and stream segments of unique |
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ecological value and sites of unique value for the construction of |
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reservoirs that the regional water planning group recommends for |
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protection under Section 16.051; |
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(7) assesses the impact of the plan on unique river and |
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stream segments identified in Subdivision (6) if the regional water |
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planning group or the legislature determines that a site of unique |
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ecological value exists; |
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(8) describes the impact of proposed water projects on |
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water quality; and |
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(9) includes information on: |
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(A) projected water use and conservation in the |
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regional water planning area; and |
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(B) the implementation of state and regional |
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water plan projects, including water conservation strategies, |
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necessary to meet the state's projected water demands. |
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SECTION 2. Section 36.108(a), Water Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Management area planning group" means the group |
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described by Subsection (b-1). |
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SECTION 3. Section 36.108, Water Code, is amended by adding |
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Subsections (b-1), (b-2), and (f) and amending Subsections (c), |
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(d), (d-1), (d-2), (d-3), and (d-4) to read as follows: |
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(b-1) The management area planning group consists of: |
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(1) the district representatives as voting members; |
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and |
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(2) the members added to the group under Subsection |
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(b-2). |
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(b-2) The district representatives may add a voting or |
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nonvoting member to the management area planning group by a written |
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resolution adopted by a two-thirds vote of the district |
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representatives. The resolution must describe the scope of voting |
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authority for each member added to the management area planning |
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group. |
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(c) The management area planning group [district
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representatives] shall meet at least annually to conduct joint |
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planning [with the other districts in the management area] and to |
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review the management plans, the accomplishments of the management |
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area, and proposals to adopt new or amend existing desired future |
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conditions. In reviewing the management plans, the management area |
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planning group [districts] 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 May 1, 2021 [September 1, 2010], and |
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every five years thereafter, the management area planning group |
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[districts] shall consider groundwater availability models and |
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other data or information for the management area and shall propose |
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for adoption desired future conditions for the relevant aquifers |
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within the management area. Before voting on the proposed desired |
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future conditions of the aquifers under Subsection (d-2), the |
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management area planning group [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 as provided by the executive administrator, and the average |
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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 management area planning group |
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[districts] may establish different 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 boundaries of |
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the management area; or |
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(2) each geographic area overlying an aquifer in whole |
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or in part or subdivision of an aquifer within the boundaries of the |
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management area. |
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(d-2) The desired future conditions proposed under |
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Subsection (d) must provide a balance between the highest |
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practicable level of groundwater production and the conservation, |
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preservation, protection, recharging, and prevention of waste of |
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groundwater and control of subsidence in the management area. This |
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subsection does not prohibit the establishment of desired future |
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conditions that provide for the reasonable long-term management of |
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groundwater resources consistent with the management goals under |
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Section 36.1071(a). The desired future conditions proposed under |
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Subsection (d) must be approved by a two-thirds vote of [all] the |
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voting members of the management area planning group [district
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representatives] for distribution to the districts in the |
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management area. A period of not less than 90 days for public |
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comments begins on the day the proposed desired future conditions |
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are mailed to the districts. During the public comment period and |
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after posting notice as required by Section 36.063, each district |
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shall hold a public hearing on any proposed desired future |
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conditions relevant to that district. During the public comment |
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period, the district shall make available in its office a copy of |
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the proposed desired future conditions and any supporting |
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materials, such as the documentation of factors considered under |
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Subsection (d) and groundwater availability model run results. |
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After the close of the public comment period [hearing], the |
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district shall compile for consideration at the next joint planning |
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meeting a summary of relevant comments received, any suggested |
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revisions to the proposed desired future conditions, and the basis |
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for the revisions. |
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(d-3) After [the earlier of the date on which] all the |
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districts have submitted their district summaries [or the
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expiration of the public comment period under Subsection (d-2)], |
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the management area planning group [district representatives] |
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shall reconvene to review the reports, consider any district's |
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suggested revisions to the proposed desired future conditions, and |
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finally adopt the desired future conditions for the management |
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area. The desired future conditions must be approved by [adopted
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as] a resolution adopted by a two-thirds vote of [all] the voting |
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members of the management area planning group [district
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representatives]. The management area planning group [district
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representatives] shall produce a desired future conditions |
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explanatory report for the management area and submit to the |
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development board and each district in the management area proof |
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that notice was posted for the joint planning meeting, a copy of the |
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resolution, and a copy of the explanatory report. The report must: |
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(1) identify each desired future condition; |
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(2) provide the policy and technical justifications |
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for each desired future condition; |
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(3) include documentation that the factors under |
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Subsection (d) were considered by the management area planning |
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group [districts] and a discussion of how the adopted desired |
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future conditions impact each factor; |
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(4) list other desired future condition options |
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considered, if any, and the reasons why those options were not |
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adopted; and |
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(5) discuss reasons why recommendations made by |
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advisory committees and relevant public comments received by the |
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districts were or were not incorporated into the desired future |
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conditions. |
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(d-4) After [As soon as possible after] a district receives |
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notification from the Texas Water Development Board that the |
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desired future conditions resolution and explanatory report under |
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Subsection (d-3) is administratively complete, the district shall |
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adopt the applicable desired future conditions in the resolution |
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and report not later than January 5, 2022, and every five years |
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thereafter [that apply to the district]. |
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(f) At least once during every five-year period for the |
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development and adoption of desired future conditions and not less |
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than three years or more than four years before the deadline for |
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adoption of the desired future conditions, the management area |
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planning group shall hold a public meeting for the purpose of |
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receiving recommendations for desired future conditions from the |
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joint planning advisory committee created under Section 36.1081. |
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The management area planning group shall coordinate with the joint |
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planning advisory committee to schedule the meeting. |
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SECTION 4. Section 36.1081, Water Code, is amended to read |
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as follows: |
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Sec. 36.1081. TECHNICAL STAFF AND [SUBCOMMITTEES FOR] JOINT |
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PLANNING ADVISORY COMMITTEE. (a) On request, the commission and |
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the Texas Water Development Board shall make technical staff |
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available to serve in a nonvoting advisory capacity to assist the |
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management area planning group and the joint planning advisory |
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committee with the development of desired future conditions during |
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the joint planning process under Section 36.108. |
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(b) In this section: |
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(1) "Management area planning group" has the meaning |
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assigned by Section 36.108. |
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(2) "Regional water planning group" means a group |
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created under Section 16.053. |
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(c) During the joint planning process under Section 36.108, |
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the management area planning group and the presiding officer of |
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each regional water planning group located wholly or partly in the |
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management area shall [district representatives may] appoint a |
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joint planning [and convene nonvoting] advisory committee of |
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persons to represent the interests described by Section 16.053(c) |
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[subcommittees who represent social, governmental, environmental,
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or economic interests to assist in the development of desired
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future conditions]. |
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(d) The presiding officer of each regional water planning |
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group located wholly or partly in the management area shall provide |
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written notification to the management area planning group of: |
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(1) whether the officer or the officer's designee will |
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serve on the joint planning advisory committee; and |
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(2) which interest described by Section 16.053(c) the |
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officer or the officer's designee represents. |
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(e) After the management area planning group receives a |
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notification under Subsection (d) from each regional water planning |
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group that is located wholly or partly in the management area, the |
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management area planning group shall appoint additional members of |
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the joint planning advisory committee: |
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(1) in a manner that ensures the greatest |
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representation of the interests described by Section 16.053(c); and |
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(2) to the extent that the management area planning |
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group is able to identify qualified people willing to serve on the |
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committee. |
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(f) The management area planning group shall provide notice |
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in the manner described by Section 36.108(e) that describes: |
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(1) the purpose of the joint planning advisory |
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committee; and |
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(2) the process by which a person may submit |
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nominations to the committee. |
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(g) On request by the management area planning group, the |
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Texas Water Development Board shall provide assistance in |
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soliciting additional members of the joint planning advisory |
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committee. |
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(h) Members of the joint planning advisory committee are not |
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required to reside in the management area or a regional water |
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planning area that is located wholly or partly in the management |
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area. |
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(i) The joint planning advisory committee may adopt written |
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bylaws to govern the committee's performance of its duties. |
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(j) A vacancy on the joint planning advisory committee shall |
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be filled by the regional water planning group presiding officer or |
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designee or the management area planning group that appointed the |
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person whose position is vacant. |
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(k) The joint planning advisory committee is not subject to |
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the provisions of Chapters 551 and 552, Government Code. |
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SECTION 5. Section 36.108(d-5), Water Code, is repealed. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. (a) Not later than the 120th day after the |
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effective date of this Act, each regional water planning group |
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described by Section 16.053, Water Code, as reenacted and amended |
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by this Act, shall appoint a joint planning advisory committee as |
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provided by Section 36.1081, Water Code, as amended by this Act. |
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(b) Not later than the 180th day after the date that the |
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final appointment is made under Subsection (a) of this section for a |
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joint planning advisory committee, the management area planning |
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group described by Section 36.108, Water Code, as amended by this |
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Act, for that joint planning advisory committee shall appoint |
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additional members to the joint planning advisory committee as |
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provided by Section 36.1081, Water Code, as amended by this Act. |
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(c) Not earlier than July 1, 2019, and not later than |
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November 1, 2019, a joint planning advisory committee described by |
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Section 36.1081, Water Code, as amended by this Act, shall make its |
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recommendations to the management area planning group that |
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appointed the members of that joint planning advisory committee. |
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(d) This section expires December 31, 2019. |
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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, 2017. |