Bill Text: TX HB1635 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the management of groundwater, including the classification of and the obtaining of information regarding groundwater and the formulation of desired future conditions by a groundwater conservation district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-09 - Referred to Natural Resources [HB1635 Detail]
Download: Texas-2015-HB1635-Introduced.html
84R2786 SLB-D | ||
By: Guillen | H.B. No. 1635 |
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relating to the management of groundwater, including the | ||
classification of and the obtaining of information regarding | ||
groundwater and the formulation of desired future conditions by a | ||
groundwater conservation district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. DEVELOPMENT AND USE OF GROUNDWATER CLASSIFICATION | ||
SYSTEM | ||
SECTION 1.01. Section 26.405, Water Code, is amended to | ||
read as follows: | ||
Sec. 26.405. POWERS AND DUTIES OF COMMITTEE. (a) The | ||
committee shall, on a continuing basis: | ||
(1) coordinate groundwater protection activities of | ||
the agencies represented on the committee; | ||
(2) develop and update a comprehensive groundwater | ||
protection strategy for the state that provides guidelines for the | ||
prevention of contamination and for the conservation of groundwater | ||
and that provides for the coordination of the groundwater | ||
protection activities of the agencies represented on the committee; | ||
(3) study and recommend to the legislature groundwater | ||
protection programs for each area in which groundwater is not | ||
protected by current regulation; | ||
(4) file with the governor, lieutenant governor, and | ||
speaker of the house of representatives before the date that each | ||
regular legislative session convenes a report of the committee's | ||
activities during the two preceding years and any recommendations | ||
for legislation for groundwater protection; and | ||
(5) publish the joint groundwater monitoring and | ||
contamination report required by Section 26.406(c) [ |
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(b) The committee shall develop and adopt by rule a | ||
groundwater classification system that is based on salinity and | ||
takes into account: | ||
(1) the total dissolved solids present in the water; | ||
(2) the geographic location of the water, including | ||
the potential for withdrawals to cause subsidence or to negatively | ||
affect a freshwater source; | ||
(3) existing laws and administrative rules; | ||
(4) existing permits and permit requirements for the | ||
withdrawal and use of the water; | ||
(5) other water quality measurements; and | ||
(6) other factors determined to be relevant by the | ||
committee. | ||
(c) The committee shall update the classification system | ||
described by Subsection (b) on a schedule consistent with updates | ||
to the state water plan under Section 16.051. | ||
SECTION 1.02. Chapter 12, Agriculture Code, is amended by | ||
adding Section 12.0165 to read as follows: | ||
Sec. 12.0165. RULES RELATING TO GROUNDWATER. In adopting | ||
rules relating to groundwater, the department shall consider the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b), Water Code. | ||
SECTION 1.03. Subchapter B, Chapter 201, Agriculture Code, | ||
is amended by adding Section 201.0205 to read as follows: | ||
Sec. 201.0205. RULES RELATING TO GROUNDWATER. In adopting | ||
rules relating to groundwater, the state board shall consider the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b), Water Code. | ||
SECTION 1.04. Subchapter C, Chapter 88, Education Code, is | ||
amended by adding Section 88.2015 to read as follows: | ||
Sec. 88.2015. ACTIONS RELATING TO GROUNDWATER. An | ||
experiment station established under Section 88.201 shall consider | ||
the classification system adopted by the Texas Groundwater | ||
Protection Committee under Section 26.405(b), Water Code, in | ||
carrying out the purposes of this subchapter. | ||
SECTION 1.05. Subchapter A, Chapter 341, Health and Safety | ||
Code, is amended by adding Section 341.003 to read as follows: | ||
Sec. 341.003. RULES RELATING TO GROUNDWATER. In adopting | ||
rules relating to groundwater, the executive commissioner of the | ||
Health and Human Services Commission shall consider the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b), Water Code. | ||
SECTION 1.06. Subchapter C, Chapter 81, Natural Resources | ||
Code, is amended by adding Section 81.071 to read as follows: | ||
Sec. 81.071. RULES RELATING TO GROUNDWATER. In adopting | ||
rules relating to groundwater, the commission shall consider the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b), Water Code. | ||
SECTION 1.07. Subchapter D, Chapter 51, Occupations Code, | ||
is amended by adding Section 51.2045 to read as follows: | ||
Sec. 51.2045. RULES RELATING TO GROUNDWATER. In adopting | ||
rules relating to groundwater, the commission shall consider the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b), Water Code. | ||
SECTION 1.08. Subchapter D, Chapter 5, Water Code, is | ||
amended by adding Section 5.1032 to read as follows: | ||
Sec. 5.1032. RULES RELATING TO GROUNDWATER. In adopting | ||
rules relating to groundwater, the commission shall consider the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b). | ||
SECTION 1.09. Subchapter D, Chapter 6, Water Code, is | ||
amended by adding Section 6.116 to read as follows: | ||
Sec. 6.116. RULES RELATING TO GROUNDWATER. In adopting | ||
rules relating to groundwater, the board shall consider the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b). | ||
ARTICLE 2. REPORT OF ELECTRIC LOGS | ||
SECTION 2.01. Section 91.552, Natural Resources Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) The commission shall submit an annual report of the | ||
electric logs collected by the commission under this section to the | ||
Texas Water Development Board. | ||
SECTION 2.02. Section 91.554, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 91.554. AVAILABILITY OF CONFIDENTIAL ELECTRIC LOGS. | ||
If the commission requires an electric log to be filed before the | ||
expiration of a period of confidentiality, the commission shall | ||
make that electric log available for inspection during the period | ||
of confidentiality only to: | ||
(1) a person authorized in writing by the operator; | ||
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(2) members of the commission and its employees in the | ||
exercise of their powers and duties under this code; and | ||
(3) members of the Texas Water Development Board and | ||
its employees in the exercise of their powers and duties under the | ||
Water Code. | ||
ARTICLE 3. FORMULATION OF DESIRED FUTURE CONDITIONS | ||
SECTION 3.01. Section 36.101(a), Water Code, is amended to | ||
read as follows: | ||
(a) A district may make and enforce rules, including rules | ||
limiting groundwater production based on tract size or the spacing | ||
of wells, to provide for conserving, preserving, protecting, and | ||
recharging of the groundwater or of a groundwater reservoir or its | ||
subdivisions in order to control subsidence, prevent degradation of | ||
water quality, or prevent waste of groundwater and to carry out the | ||
powers and duties provided by this chapter. In adopting a rule | ||
under this chapter, a district shall: | ||
(1) consider all groundwater uses and needs; | ||
(2) develop rules that are fair and impartial; | ||
(3) consider the groundwater ownership and rights | ||
described by Section 36.002; | ||
(4) consider the public interest in conservation, | ||
preservation, protection, recharging, and prevention of waste of | ||
groundwater, and of groundwater reservoirs or their subdivisions, | ||
and in controlling subsidence caused by withdrawal of groundwater | ||
from those groundwater reservoirs or their subdivisions, | ||
consistent with the objectives of Section 59, Article XVI, Texas | ||
Constitution; | ||
(5) consider the goals developed as part of the | ||
district's management plan under Section 36.1071; [ |
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(6) not discriminate between land that is irrigated | ||
for production and land that was irrigated for production and | ||
enrolled or participating in a federal conservation program; and | ||
(7) consider the classification system adopted by the | ||
Texas Groundwater Protection Committee under Section 26.405(b). | ||
SECTION 3.02. Section 36.108, Water Code, is amended by | ||
adding Subsection (c-1) and amending Subsections (d) and (d-1) to | ||
read as follows: | ||
(c-1) The development board shall develop technical | ||
guidance documents to assist districts in formulating and adopting | ||
desired future conditions, including guidance documents for | ||
establishing different desired future conditions for different | ||
classifications of groundwater in the classification system | ||
adopted by the Texas Groundwater Protection Committee under Section | ||
26.405(b), and shall make the guidance documents available to the | ||
districts. | ||
(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 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 the total estimated recoverable | ||
storage as provided by the executive administrator, and 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; [ |
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(9) the technical guidance documents developed by the | ||
development board under Subsection (c-1); and | ||
(10) any other information relevant to the specific | ||
desired future conditions. | ||
(d-1) 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; [ |
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(2) each geographic area overlying an aquifer in whole | ||
or in part or subdivision of an aquifer within the boundaries of the | ||
management area; or | ||
(3) each classification of groundwater in the | ||
classification system adopted by the Texas Groundwater Protection | ||
Committee under Section 26.405(b). | ||
ARTICLE 4. TRANSITION AND EFFECTIVE DATE | ||
SECTION 4.01. (a) Not later than December 31, 2015, the | ||
Texas Groundwater Protection Committee by rule shall adopt the | ||
groundwater classification system required by Section 26.405, | ||
Water Code, as amended by this Act. | ||
(b) Not later than August 31, 2016, the Texas Water | ||
Development Board shall develop and make available technical | ||
guidance documents as required by Section 36.108, Water Code, as | ||
amended by this Act. | ||
SECTION 4.02. This Act takes effect September 1, 2015. |