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Amend CSSB 3 (House committee printing) in ARTICLE 2 of the
bill by adding the following appropriately numbered SECTIONS and
renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 2.____. Subsections (a), and (e), Section 36.1071,
Water Code are amended to read as follows:
Sec. 36.1071. MANAGEMENT PLAN. (a) Following notice and
hearing, the district shall, in coordination with surface water
management entities on a regional basis, develop a comprehensive
management plan which addresses the following management goals, as
applicable:
(1) providing the most efficient use of groundwater;
(2) controlling and preventing waste of groundwater;
(3) controlling and preventing subsidence;
(4) addressing conjunctive surface water management
issues;
(5) addressing natural resource issues;
(6) addressing drought conditions;
(7) addressing conservation, recharge enhancement,
rainwater harvesting, precipitation enhancement, or brush control,
where appropriate and cost-effective; [and]
(8) addressing in a quantitative manner the desired
future conditions of the groundwater resources [.] ; and
(9) addressing total aquifer storage.
(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) managed available groundwater in the district
based on the desired future condition and the total aquifer storage
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 2.____. Subsection (f), Section 36.108, Water Code is
amended to read as follows:
(f) A district or person with a legally defined interest in
the groundwater within the management area may file a petition with
the commission requesting an inquiry if a district or districts
refused to join in the planning process or the process failed to
result in adequate planning, [including]or the establishment of
reasonable future desired conditions of the aquifers, and the
petition provides evidence that:
(1) a district in the groundwater management area has
failed to adopt rules;
(2) the rules adopted by a district are not designed to
achieve the desired future condition of the groundwater resources
in the groundwater management area established during the joint
planning process;
(3) the groundwater in the management area is not
adequately protected by the rules adopted by a district; [or]
(4) the groundwater in the groundwater management area
is not adequately protected due to the failure of a district to
enforce substantial compliance with its rules[.] ; or
(5) the process failed to result in the establishment of
reasonable desired future conditions of the aquifer.