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A BILL TO BE ENTITLED
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AN ACT
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relating to groundwater requirements for municipal and county |
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approval of subdivision plats and the powers and duties of |
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groundwater conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.0101, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (d) and |
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(e) to read as follows: |
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(a) Except as provided by Subsection (a-1), a plat |
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application for the subdivision of a tract of land for which the |
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source of the water supply intended for the subdivision is |
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groundwater under that land must have attached to it a statement |
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that: |
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(1) is prepared by an engineer licensed to practice in |
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this state or a geoscientist licensed to practice in this state; and |
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(2) certifies that adequate groundwater is available |
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for the subdivision, including: |
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(A) an estimate of the drawdown of the |
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groundwater associated with the subdivision, relative to modeled |
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available groundwater and modeled sustainable groundwater, as |
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those terms are defined by Section 36.001, Water Code; and |
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(B) if information is sufficiently available |
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from a groundwater conservation district that includes in the |
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district's boundaries any part of the subdivision or the Texas |
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Commission on Environmental Quality, a determination of: |
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(i) the cumulative impact of any existing |
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or planned wells on water availability and drawdown in the |
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subdivision; and |
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(ii) the projected future pumping from an |
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aquifer or from interconnected aquifers from area wells located |
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outside of the subdivision. |
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(d) A person who submits a plat under Subsection (a) shall |
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submit the statement attached to the plat to a groundwater |
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conservation district that includes in the district's boundaries |
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any part of the subdivision. |
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(e) A groundwater conservation district that receives a |
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statement under Subsection (d) may: |
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(1) contest the approval of the plat application |
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associated with the statement; and |
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(2) provide the municipal authority responsible for |
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approving plats that is considering the plat application any |
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information that would challenge the findings of the groundwater |
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availability statement included in the plat application. |
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SECTION 2. Section 232.0032, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (d) and |
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(e) to read as follows: |
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(a) Except as provided by Subsection (a-1), a plat |
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application for the subdivision of a tract of land for which the |
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source of the water supply intended for the subdivision is |
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|
groundwater under that land must have attached to it a statement |
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|
that: |
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|
(1) is prepared by an engineer licensed to practice in |
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|
this state or a geoscientist licensed to practice in this state; and |
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(2) certifies that adequate groundwater is available |
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|
for the subdivision, including: |
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(A) an estimate of the drawdown of the |
|
|
groundwater associated with the subdivision, relative to modeled |
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|
available groundwater and modeled sustainable groundwater, as |
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|
those terms are defined by Section 36.001, Water Code; and |
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(B) if information is sufficiently available |
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from a groundwater conservation district that includes in the |
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district's boundaries any part of the subdivision or the Texas |
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Commission on Environmental Quality, a determination of: |
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(i) the cumulative impact of any existing |
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or planned wells on water availability and drawdown; and |
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(ii) the projected future pumping from an |
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aquifer or from interconnected aquifers from area wells located |
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outside of the subdivision. |
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(d) A person who submits a plat under Subsection (a) shall |
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submit the statement attached to the plat to a groundwater |
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conservation district that includes in the district's boundaries |
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any part of the subdivision. |
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(e) A groundwater conservation district that receives a |
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statement under Subsection (d) may: |
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(1) contest the approval of the plat application |
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associated with the statement; and |
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(2) provide the commissioners court that is |
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considering the plat application any information that would |
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challenge the findings of the groundwater availability statement |
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included in the plat application. |
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SECTION 3. Section 36.001, Water Code, is amended by adding |
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Subdivisions (32) and (33) to read as follows: |
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(32) "Modeled sustainable groundwater" means the |
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maximum volume of water that the executive director, using best |
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available science, determines may be withdrawn from the aquifer on |
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an annual basis so the water table does not draw down and future |
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withdrawals may be maintained in perpetuity. |
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(33) "Total estimated recoverable storage" means the |
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estimated amount of groundwater within an aquifer that ranges |
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between 25 and 75 percent of the porosity-adjusted aquifer volume |
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and accounts for: |
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(A) groundwater quality, including the potential |
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for degradation of water quality derived from current or projected |
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future groundwater withdrawals; |
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(B) the impact of current and projected future |
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withdrawals on: |
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(i) water levels; and |
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(ii) land surface subsidence; and |
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(C) the interaction of groundwater and surface |
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water, including discharge from the aquifer to springs, lakes, |
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streams, and rivers. |
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SECTION 4. Section 36.108(d), Water Code, is amended to |
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read as 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 the total estimated recoverable |
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storage and modeled sustainable groundwater as provided by the |
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executive administrator, and the average annual recharge, inflows, |
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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, including an analysis of any indirect economic value |
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reasonably expected to be derived from the preservation of |
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groundwater resources through sustainable management practices; |
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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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SECTION 5. Section 36.109, Water Code, is amended to read as |
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follows: |
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Sec. 36.109. COLLECTION OF INFORMATION. (a) A district may |
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collect any information the board deems necessary, including |
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information regarding the use of groundwater, water conservation, |
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and the practicability of recharging a groundwater reservoir. At |
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the request of the executive administrator, the district shall |
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provide any data collected by the district in a format acceptable to |
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the executive administrator. |
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(b) To the extent practicable, a district may coordinate |
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with the commission, the Texas Water Development Board, a river |
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authority, or any other entity to collect information to provide |
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insight into the interactions between groundwater and surface water |
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for groundwater planning purposes. |
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SECTION 6. Section 36.1132(b), Water Code, is amended to |
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read as follows: |
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(b) In issuing permits, the district shall manage total |
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groundwater production on a long-term basis to achieve an |
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applicable desired future condition and consider: |
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(1) the modeled available groundwater and modeled |
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sustainable groundwater determined by the executive administrator; |
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(2) the executive administrator's estimate of the |
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current and projected amount of groundwater produced under |
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exemptions granted by district rules and Section 36.117; |
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(3) the amount of groundwater authorized under permits |
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previously issued by the district; |
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(4) a reasonable estimate of the amount of groundwater |
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that is actually produced under permits issued by the district; and |
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(5) yearly precipitation and production patterns. |
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SECTION 7. Sections 212.0101 and 232.0032, Local Government |
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Code, as amended by this Act, apply only to a plat application filed |
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on or after the effective date of this Act. A plat application |
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filed before the effective date of this Act is governed by the law |
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as it existed immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2025. |