89R2804 ANG-F
	By: Gerdes	H.B. No. 2078

	A BILL TO BE ENTITLED
	AN ACT
	relating to the joint planning of desired future conditions in
	groundwater management areas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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)  modeled available groundwater in the
	district based 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; and
	(5)  include an explanation in plain language of how:
	(A)  the district is monitoring and tracking the
	achievement of the desired future conditions established under
	Section 36.108; and
	(B)  the district has performed in achieving the
	desired future conditions established under Section 36.108 over the
	preceding five-year joint planning period.
	SECTION 2.  Section 36.108, Water Code, is amended by
	amending Subsections (c) and (d-3) and adding Subsections (c-1) and
	(d-5) to read as follows:
	(c)  The district representatives shall meet at least
	annually to conduct joint planning with the other districts in the
	management area. The representatives shall [and to] review:
	(1)  [the management plans,] the accomplishments of the
	management area;
	(2)  [, and] proposals to adopt new or amend existing
	desired future conditions; and
	(3)  not less than once during each five-year period
	described by Subsection (d), the management plans of each district
	in the management area.
	(c-1)  In reviewing the management plans under Subsection
	(c), the districts shall consider:
	(1)  the goals of each management plan and its impact on
	planning throughout the management area;
	(2)  the effectiveness of the measures established by
	each district's management plan for conserving and protecting
	groundwater and preventing waste, and the effectiveness of these
	measures in the management area generally;
	(3)  any other matters that the boards consider
	relevant to the protection and conservation of groundwater and the
	prevention of waste in the management area; and
	(4)  the degree to which each district is achieving
	[management plan achieves] the desired future conditions
	established during the joint planning process through the
	implementation of the district's management plan and rules.
	(d-3)  After each district has submitted to the district
	representatives the information required under Subsection (d-2)
	and made the information available for the required period of time
	under Subsection (d-2a), the district representatives shall
	reconvene for a joint planning meeting to review the information
	required under Subsection (d-2), consider any district's suggested
	revisions to the proposed desired future conditions, receive public
	comment, and finally adopt the desired future conditions for the
	management area.  The desired future conditions must be approved by
	a resolution adopted by a two-thirds vote of all the district
	representatives not later than January 5, 2022.  Subsequent desired
	future conditions must be proposed and finally adopted by the
	district representatives before the end of each successive
	five-year period after that date.  The district representatives
	shall produce a desired future conditions explanatory report for
	the management area and submit to the development board and each
	district in the management area proof that notice was posted for the
	joint planning meeting, a copy of the resolution, and a copy of the
	explanatory report.  The report must:
	(1)  identify each desired future condition;
	(2)  provide the policy and technical justifications
	for each desired future condition;
	(3)  include documentation that the factors under
	Subsection (d) were considered by the districts and a discussion of
	how the adopted desired future conditions impact each factor;
	(4)  list other desired future condition options
	considered, if any, and the reasons why those options were not
	adopted; [and]
	(5)  discuss reasons why recommendations made by
	advisory committees and relevant public comments received by the
	districts during the public comment period or at the joint planning
	meeting were or were not incorporated into the desired future
	conditions;
	(6)  include an explanation in plain language of why a
	desired future condition adopted for an aquifer was changed if the
	desired future condition is different from the desired future
	condition adopted for the aquifer over the preceding five-year
	joint planning period; and
	(7)  include a summary of how each district is
	performing in achieving the desired future conditions.
	(d-5)  The districts and district representatives:
	(1)  shall adopt desired future conditions under this
	section for each 50-year planning period identified by the
	executive administrator for the preparation of state and regional
	water plans;
	(2)  shall identify interim values for the desired
	future conditions adopted under Subdivision (1) for time periods
	not to exceed 10 years solely to assist the districts in monitoring
	interim progress in achieving the desired future conditions adopted
	for the 50-year planning period; and
	(3)  may adopt desired future conditions under this
	section for other time periods.
	SECTION 3.  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, 2025.