H.B. No. 2215
 
 
 
 
AN ACT
  relating to the deadline for adoption of desired future conditions
  in groundwater conservation districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.053(e), Water Code, as amended by
  Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts
  of the 84th Legislature, Regular Session, 2015, is reenacted and
  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);
               (2-a) is consistent with the desired future conditions
  adopted under Section 36.108 for the relevant aquifers located in
  the regional water planning area as of the most recent deadline for
  [date] the board to adopt the [most recently adopted a] state water
  plan under Section 16.051 or, at the option of the regional water
  planning group, established subsequent to the adoption of the most
  recent plan; provided, however, that if no groundwater conservation
  district exists within the area of the regional water planning
  group, the regional water planning group shall determine the supply
  of groundwater for regional planning purposes; the Texas Water
  Development Board shall review and approve, prior to inclusion in
  the regional water plan, that the groundwater supply for the
  regional planning group without a groundwater conservation
  district in its area is physically compatible, using the board's
  groundwater availability models, with the desired future
  conditions adopted under Section 36.108 for the relevant aquifers
  in the groundwater management area that are regulated by
  groundwater conservation districts;
               (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 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 and potential
  impacts on public health, safety, or welfare in this state;
                     (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;
                     (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; and
                     (J)  opportunities for and the benefits of
  developing large-scale desalination facilities for:
                           (i)  marine seawater that serve local or
  regional entities; and
                           (ii)  [(J) opportunities for and the
  benefits of developing large-scale desalination facilities for]
  seawater or brackish groundwater that serve local or regional
  brackish groundwater production zones identified and designated
  under Section 16.060(b)(5);
               (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;
               (8)  describes the impact of proposed water projects on
  water quality; and
               (9)  includes information on:
                     (A)  projected water use and conservation in the
  regional water planning area; and
                     (B)  the implementation of state and regional
  water plan projects, including water conservation strategies,
  necessary to meet the state's projected water demands.
         SECTION 2.  Sections 36.108(d), (d-2), (d-3), and (d-4),
  Water Code, are amended to read as follows:
         (d)  Not later than May 1, 2021 [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; and
               (9)  any other information relevant to the specific
  desired future conditions.
         (d-2)  The desired future conditions proposed under
  Subsection (d) must provide a balance between the highest
  practicable level of groundwater production and the conservation,
  preservation, protection, recharging, and prevention of waste of
  groundwater and control of subsidence in the management area. This
  subsection does not prohibit the establishment of desired future
  conditions that provide for the reasonable long-term management of
  groundwater resources consistent with the management goals under
  Section 36.1071(a). The desired future conditions proposed under
  Subsection (d) must be approved by a two-thirds vote of all the
  district representatives for distribution to the districts in the
  management area. A period of not less than 90 days for public
  comments begins on the day the proposed desired future conditions
  are mailed to the districts. During the public comment period and
  after posting notice as required by Section 36.063, each district
  shall hold a public hearing on any proposed desired future
  conditions relevant to that district. During the public comment
  period, the district shall make available in its office a copy of
  the proposed desired future conditions and any supporting
  materials, such as the documentation of factors considered under
  Subsection (d) and groundwater availability model run results.
  After the close of the public comment period [hearing], the
  district shall compile for consideration at the next joint planning
  meeting a summary of relevant comments received, any suggested
  revisions to the proposed desired future conditions, and the basis
  for the revisions.
         (d-3)  After [the earlier of the date on which] all the
  districts have submitted their district summaries [or the
  expiration of the public comment period under Subsection (d-2)],
  the district representatives shall reconvene to review the reports,
  consider any district's suggested revisions to the proposed desired
  future conditions, and finally adopt the desired future conditions
  for the management area. The desired future conditions must be
  approved by [adopted as] 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 were or were not incorporated into the desired future
  conditions.
         (d-4)  After [As soon as possible after] a district receives
  notification from the Texas Water Development Board that the
  desired future conditions resolution and explanatory report under
  Subsection (d-3) are administratively complete, the district shall
  adopt the applicable desired future conditions in the resolution
  and report [that apply to the district].
         SECTION 3.  Section 36.108(d-5), Water Code, is repealed.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 5.  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, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2215 was passed by the House on April
  27, 2017, by the following vote:  Yeas 143, Nays 1, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2215 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor