85R11342 SLB-D     By: Workman H.B. No. 3037       A BILL TO BE ENTITLED   AN ACT   relating to the definition of groundwater management areas to   coincide with major and minor aquifers and the joint planning   process in those areas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 35.004(a), Water Code, is amended to   read as follows:          (a)  The Texas Water Development Board, with assistance and   cooperation from the commission, shall designate groundwater   management areas so that each major aquifer and each minor aquifer   in this state is assigned to a groundwater management area   designated solely for that aquifer [covering all major and minor   aquifers in the state. The initial designation of groundwater   management areas shall be completed not later than September 1,   2003. Each groundwater management area shall be designated with the   objective of providing the most suitable area for the management of   the groundwater resources. To the extent feasible, the groundwater   management area shall coincide with the boundaries of a groundwater   reservoir or a subdivision of a groundwater reservoir. The Texas   Water Development Board also may consider other factors, including   the boundaries of political subdivisions].          SECTION 2.  Sections 36.108(c), (d), and (d-1), Water Code,   are amended to read as follows:          (c)  The district representatives shall meet at least   annually to conduct joint planning with the other districts in each   [the] management area to which the district belongs and to review   the management plans, the accomplishments of the management area,   and proposals to adopt new or amend existing desired future   conditions.  In reviewing the management plans, 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 management plan achieves   the desired future conditions established during the joint planning   process.          (d)  Not later than August 1, 2020 [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 aquifer [relevant aquifers] within the   management area.  Before voting on the proposed desired future   conditions of the aquifer [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 for the aquifer as provided by the executive administrator,   and the aquifer's 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-1)  After considering and documenting the factors   described by Subsection (d) and other relevant scientific and   hydrogeological data, 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 area   overlying the aquifer [boundaries of the management area]; or                (2)  each geographic area overlying the [an] aquifer   [in whole or in part or subdivision of an aquifer within the   boundaries of the management area].          SECTION 3.  Section 36.1085, Water Code, is amended to read   as follows:          Sec. 36.1085.  MANAGEMENT PLAN GOALS AND OBJECTIVES.  Each   district in the management area shall ensure that its management   plan contains goals and objectives consistent with achieving the   desired future conditions for the aquifer [of the relevant   aquifers] as adopted during the joint planning process.          SECTION 4.  Section 35.004(b), Water Code, is repealed.          SECTION 5.  Not later than May 1, 2018, the Texas Water   Development Board shall designate groundwater management areas   under Section 35.004, Water Code, as amended by this Act.          SECTION 6.  This Act takes effect September 1, 2017.