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A BILL TO BE ENTITLED
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AN ACT
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relating to the joint planning of desired future conditions in |
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groundwater management areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.108, Water Code, is amended by |
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amending Subsections (d-2) and (d-3) and adding Subsection (d-2a) |
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to read as follows: |
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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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district 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, the district shall |
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compile and submit to the district representatives for |
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consideration at the next joint planning meeting: |
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(1) a summary of relevant comments received; |
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(2) [,] any suggested revisions to the proposed |
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desired future conditions, and the basis for those [the] revisions; |
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and |
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(3) any supporting materials, including new or revised |
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groundwater availability model run results. |
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(d-2a) The information compiled and submitted to the |
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district representatives under Subsection (d-2) must be made |
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available on a generally accessible Internet website maintained on |
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behalf of the management area for not less than 30 days. |
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(d-3) After each [all the districts have submitted their] |
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district has submitted to the district representatives the |
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information required under Subsection (d-2) and made the |
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information available for the required period of time under |
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Subsection (d-2a) [summaries], the district representatives shall |
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reconvene for a joint planning meeting to review the information |
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required under Subsection (d-2) [reports], consider any district's |
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suggested revisions to the proposed desired future conditions, |
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receive public comment, and finally adopt the desired future |
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conditions for the management area. The desired future conditions |
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must be approved by a resolution adopted by a two-thirds vote of all |
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the district representatives not later than January 5, 2022. |
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Subsequent desired future conditions must be proposed and finally |
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adopted by the district representatives before the end of each |
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successive five-year period after that date. The 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 districts and a discussion of |
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how the adopted desired 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 during the public comment period or at the joint planning |
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meeting were or were not incorporated into the desired future |
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conditions. |
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SECTION 2. Section 36.108, Water Code, as amended by this |
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Act, applies only to the proposal and adoption of a desired future |
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condition that occurs on or after the effective date of this Act. A |
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desired future condition proposed or adopted before the effective |
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date of this Act is governed by the law in effect on the date the |
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desired future condition was proposed or adopted, and that law is |
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continued in effect for that purpose. |
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SECTION 3. 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, 2023. |