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A BILL TO BE ENTITLED
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AN ACT
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relating to rules adopted by groundwater conservation districts |
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overlying a common aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.101, Water Code, is amended by adding |
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Subsections (a-2) and (a-3) to read as follows: |
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(a-2) Except as provided by this subsection, a district that |
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overlies a common aquifer and is in a groundwater management area |
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with one or more districts that regulate levels of groundwater |
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production similar to the level the district regulates may not make |
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or enforce a rule under Subsection (a) unless the rule is similar to |
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a rule made or enforced under Subsection (a) by the other district |
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or districts that overlie the aquifer and are in the groundwater |
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management area. The district may make or enforce a rule that is |
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not similar to a rule made or enforced by the other district or |
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districts only if the district: |
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(1) is authorized by other law specifically to make or |
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enforce the rule; or |
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(2) provides in the district's management plan |
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developed under Section 36.1071 an explanation of the district's |
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reasoning to support its making or enforcing the rule. |
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(a-3) A new district that overlies a common aquifer and is |
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in a groundwater management area with one or more districts shall |
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notify the district or districts of rules made by the new district. |
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Not later than the 60th day after the date the new district makes |
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the rules, each district that overlies the common aquifer and is in |
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a groundwater management area with the new district shall, as |
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necessary to comply with Subsection (a-2), update the district's |
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management plan with an explanation of the district's reasoning to |
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support its enforcement of existing district rules. |
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SECTION 2. Section 36.1071(e), Water Code, is amended to |
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read as follows: |
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(e) In the management plan described under Subsection (a), |
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the district shall: |
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(1) identify the performance standards and management |
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objectives under which the district will operate to achieve the |
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management goals identified under Subsection (a); |
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(2) specify, in as much detail as possible, the |
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actions, procedures, performance, and avoidance that are or may be |
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necessary to effect the plan, including specifications and proposed |
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rules; |
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(3) include estimates of the following: |
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(A) modeled available groundwater in the |
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district based on the desired future condition established under |
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Section 36.108; |
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(B) the amount of groundwater being used within |
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the district on an annual basis; |
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(C) the annual amount of recharge from |
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precipitation, if any, to the groundwater resources within the |
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district; |
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(D) for each aquifer, the annual volume of water |
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that discharges from the aquifer to springs and any surface water |
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bodies, including lakes, streams, and rivers; |
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(E) the annual volume of flow into and out of the |
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district within each aquifer and between aquifers in the district, |
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if a groundwater availability model is available; |
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(F) the projected surface water supply in the |
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district according to the most recently adopted state water plan; |
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and |
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(G) the projected total demand for water in the |
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district according to the most recently adopted state water plan; |
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[and] |
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(4) consider the water supply needs and water |
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management strategies included in the adopted state water plan; and |
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(5) if applicable under Section 36.101(a-2), explain |
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the district's reasoning to support its making or enforcing under |
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Section 36.101(a) a rule that is not similar to a rule made or |
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enforced by another district described by Section 36.101(a-2). |
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SECTION 3. A groundwater conservation district described by |
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Section 36.101(a-2), Water Code, as added by this Act, shall |
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evaluate the existing rules of the district for compliance with |
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that section. Not later than December 1, 2019, if an existing rule |
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does not comply with Section 36.101(a-2), Water Code, as added by |
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this Act, and is not otherwise authorized by law, the groundwater |
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conservation district shall update the district's management plan |
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to include an explanation of the district's reasoning to support |
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its enforcing the rule as required by that section. |
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SECTION 4. This Act takes effect September 1, 2019. |