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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of modeled sustained groundwater |
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pumping in the adoption of desired future conditions in groundwater |
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conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.001, Water Code, is amended by adding |
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Subdivision (32) to read as follows: |
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(32) "Modeled sustained groundwater pumping" means |
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the maximum amount of groundwater that the executive administrator, |
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using the best available science, determines may be produced |
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annually in perpetuity from an aquifer. |
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SECTION 2. Section 36.108, Water Code, is amended by |
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amending Subsection (d) and adding Subsection (d-5) to read as |
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follows: |
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(d) Not later than May 1, 2021, and every five years |
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thereafter, the districts shall consider groundwater availability |
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models and other data or information for the management area and |
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shall propose for adoption desired future conditions for the |
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relevant aquifers within the management area. Before voting on the |
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proposed desired future conditions of the aquifers under Subsection |
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(d-2), the 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, including: |
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(A) the total estimated recoverable storage; [as |
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provided by the executive administrator, and] |
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(B) the average annual recharge, inflows, and |
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discharge; and |
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(C) if calculated by the executive |
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administrator, the modeled sustained groundwater pumping; |
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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-5) Notwithstanding Subsection (d)(3), the executive |
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administrator may not calculate the modeled sustained groundwater |
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pumping for an aquifer or an aquifer that wholly or partly underlies |
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an aquifer with a recharge rate such that an owner of land that |
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overlies the aquifer qualifies or has previously qualified under |
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federal tax law for a cost depletion deduction for the groundwater |
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withdrawn from the aquifer for irrigation purposes. |
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SECTION 3. This Act takes effect September 1, 2023. |