82R14505 PMO-D
	By: Larson	H.B. No. 1547

	A BILL TO BE ENTITLED
	AN ACT
	relating to the desired future conditions of groundwater resources
	within groundwater management areas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 16.053(e), Water Code, is amended to
	read as follows:
	(e)  Each regional water planning group shall submit to the
	development board a regional water plan that:
	(1)  is consistent with the guidance principles for the
	state water plan adopted by the development board under Section
	16.051(d);
	(2)  provides information based on data provided or
	approved by the development board in a format consistent with the
	guidelines provided by the development board under Subsection (d);
	(3)  identifies:
	(A)  each source of water supply in the regional
	water planning area, including information supplied by the
	executive administrator on the amount of modeled [managed]
	available groundwater in accordance with the guidelines provided by
	the development board under Subsections (d) and (f);
	(B)  factors specific to each source of water
	supply to be considered in determining whether to initiate a
	drought response;
	(C)  actions to be taken as part of the response;
	and
	(D)  existing major water infrastructure
	facilities that may be used for interconnections in the event of an
	emergency shortage of water;
	(4)  has specific provisions for water management
	strategies to be used during a drought of record;
	(5)  includes but is not limited to consideration of
	the following:
	(A)  any existing water or drought planning
	efforts addressing all or a portion of the region;
	(B)  approved groundwater conservation district
	management plans and other plans submitted under Section 16.054;
	(C)  all potentially feasible water management
	strategies, including but not limited to improved conservation,
	reuse, and management of existing water supplies, conjunctive use,
	acquisition of available existing water supplies, and development
	of new water supplies;
	(D)  protection of existing water rights in the
	region;
	(E)  opportunities for and the benefits of
	developing regional water supply facilities or providing regional
	management of water supply facilities;
	(F)  appropriate provision for environmental
	water needs and for the effect of upstream development on the bays,
	estuaries, and arms of the Gulf of Mexico and the effect of plans on
	navigation;
	(G)  provisions in Section 11.085(k)(1) if
	interbasin transfers are contemplated;
	(H)  voluntary transfer of water within the region
	using, but not limited to, regional water banks, sales, leases,
	options, subordination agreements, and financing agreements; and
	(I)  emergency transfer of water under Section
	11.139, including information on the part of each permit, certified
	filing, or certificate of adjudication for nonmunicipal use in the
	region that may be transferred without causing unreasonable damage
	to the property of the nonmunicipal water rights holder;
	(6)  identifies river and stream segments of unique
	ecological value and sites of unique value for the construction of
	reservoirs that the regional water planning group recommends for
	protection under Section 16.051;
	(7)  assesses the impact of the plan on unique river and
	stream segments identified in Subdivision (6) if the regional water
	planning group or the legislature determines that a site of unique
	ecological value exists; and
	(8)  describes the impact of proposed water projects on
	water quality.
	SECTION 2.  Section 36.001, Water Code, is amended by
	amending Subdivisions (24) and (25) and adding Subdivision (30) to
	read as follows:
	(24)  "Total estimated recoverable [aquifer] storage"
	means the total calculated volume of groundwater that an aquifer is
	capable of producing.
	(25)  "Modeled [Managed] available groundwater" means
	the amount of water that the executive administrator determines may
	be produced on an average annual basis to achieve a [permitted by a
	district for beneficial use in accordance with the] desired future
	condition established [of the aquifer as determined] under Section
	36.108.
	(30)  "Desired future condition" means a quantitative
	description of the desired condition of the groundwater resources
	in a groundwater management area at a specified time in the future.
	SECTION 3.  Section 36.1071(e), Water Code, is amended to
	read as follows:
	(e)  In the management plan described under Subsection (a),
	the district shall:
	(1)  identify the performance standards and management
	objectives under which the district will operate to achieve the
	management goals identified under Subsection (a);
	(2)  specify, in as much detail as possible, the
	actions, procedures, performance, and avoidance that are or may be
	necessary to effect the plan, including specifications and proposed
	rules;
	(3)  include estimates of the following:
	(A)  the amount of modeled [managed] available
	groundwater in the district based on information described by
	Subsection (h) and on the desired future condition established
	under Section 36.108;
	(B)  the amount of groundwater being used within
	the district on an annual basis;
	(C)  the annual amount of recharge from
	precipitation, if any, to the groundwater resources within the
	district;
	(D)  for each aquifer, the annual volume of water
	that discharges from the aquifer to springs and any surface water
	bodies, including lakes, streams, and rivers;
	(E)  the annual volume of flow into and out of the
	district within each aquifer and between aquifers in the district,
	if a groundwater availability model is available;
	(F)  the projected surface water supply in the
	district according to the most recently adopted state water plan;
	and
	(G)  the projected total demand for water in the
	district according to the most recently adopted state water plan;
	and
	(4)  consider the water supply needs and water
	management strategies included in the adopted state water plan.
	SECTION 4.  Section 36.108, Water Code, is amended by
	amending Subsections (d), (d-1), (d-2), and (o) and adding
	Subsections (d-3), (d-4), (d-5), and (d-6) to read as follows:
	(d)  Not later than September 1, 2010, and every five years
	thereafter, the districts shall consider groundwater availability
	models and other data or information for the management area and
	shall establish desired future conditions for the relevant aquifers
	within the management area.  The desired future conditions
	established under this section must be for a period consistent with
	the planning cycles established under Section 16.051. In
	establishing the desired future conditions of the aquifers under
	this section, the districts shall consider [uses or conditions of
	an aquifer within the management area that differ substantially
	from one geographic area to another. The districts may establish
	different desired future conditions for]:
	(1)  aquifer uses or conditions within the management
	area, including uses or 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)  whether the desired future conditions are
	physically possible;
	(4)  socioeconomic impacts reasonably expected;
	(5)  environmental impacts, including spring flow and
	other interactions between groundwater and surface water;
	(6)  the impact on the interests and rights in private
	property, including ownership and rights of the owners of the land
	and their lessees and assigns in groundwater as recognized under
	Section 36.002;
	(7)  the hydrogeological conditions, including the
	total estimated recoverable storage reported by the executive
	administrator, recharge, inflows, and discharge;
	(8)  the impact on subsidence; and
	(9)  any other information relevant to the specific
	desired future condition.
	(d-1)  The districts shall provide a written explanation of
	their determination of each consideration under Subsection (d).
	(d-2)  The desired future conditions established under this
	section must provide a balance between:
	(1)  the highest practicable level of groundwater
	production; and
	(2)  the conservation, preservation, protection,
	recharging, and prevention of waste of groundwater and control of
	subsidence in the groundwater management area.
	(d-3)  Subsection (d-2) may not be construed to prohibit the
	establishment of desired future conditions that provide for
	reasonable long-term management of groundwater resources
	consistent with the management goals under Section 36.1071(a).
	(d-4)  The districts may establish different desired future
	conditions for:
	(1)  each aquifer, subdivision of an aquifer, or
	geologic strata located in whole or in part within the boundaries of
	the management area; or
	(2)  each geographic area overlying an aquifer in whole
	or in part or subdivision of an aquifer within the boundaries of the
	management area.
	(d-5) [(d-1)]  The desired future conditions established
	under Subsection (d) must be adopted by a two-thirds vote of the
	district representatives present at a meeting:
	(1)  at which at least two-thirds of the districts
	located in whole or in part in the management area have a voting
	representative in attendance; and
	(2)  for which all districts located in whole or in part
	in the management area provide public notice in accordance with
	Chapter 551, Government Code.
	(d-6) [(d-2)]  Each district in the management area shall
	ensure that its management plan contains goals and objectives
	consistent with achieving the desired future conditions of the
	relevant aquifers as adopted during the joint planning process.
	(o)  The districts shall submit the conditions established
	under this section to the executive administrator.  The executive
	administrator shall provide each district and regional water
	planning group located wholly or partly in the management area with
	the modeled [managed] available groundwater in the management area
	based upon the desired future condition of the groundwater
	resources established under this section.
	SECTION 5.  Section 36.1132, Water Code, is amended to read
	as follows:
	Sec. 36.1132.  PERMITS BASED ON MODELED [MANAGED] AVAILABLE
	GROUNDWATER.  A district, to the extent possible, shall issue
	permits up to the point that the total volume of groundwater
	permitted equals the modeled [managed] available groundwater, if
	administratively complete permit applications are submitted to the
	district.
	SECTION 6.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.