87R22752 ANG-F
 
  By: Lucio III H.B. No. 2851
 
  Substitute the following for H.B. No. 2851:
 
  By:  Walle C.S.H.B. No. 2851
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of modeled sustained 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 sustained groundwater pumping" means
  the maximum amount of groundwater that the executive administrator,
  using the best available science, determines may be produced
  annually in perpetuity from an aquifer.
         SECTION 2.  Section 36.108, Water Code, is amended by
  amending Subsection (d) and adding Subsection (d-5) to read as
  follows:
         (d)  Not later than May 1, 2021, 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, including:
                     (A)  the total estimated recoverable storage;
                     (B)  if calculated by the executive
  administrator, the modeled sustained groundwater pumping; [as
  provided by the executive administrator,] and
                     (C)  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.
         (d-5)  Notwithstanding Subsection (d)(3), the executive
  administrator may not calculate the modeled sustained groundwater
  pumping for an aquifer or an aquifer that wholly or partly underlies
  an aquifer with a recharge rate such that an owner of land that
  overlies the aquifer qualifies or has previously qualified under
  federal tax law for a cost depletion deduction for the groundwater
  withdrawn from the aquifer for irrigation purposes.
         SECTION 3.  This Act takes effect September 1, 2021.