2017S0295-1 02/22/17     By: Perry S.B. No. 1053     A BILL TO BE ENTITLED   AN ACT   relating to an appeal of a desired future condition in a groundwater   management area.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 36.10835, Water Code, is amended to read   as follows:          Sec. 36.10835.  JUDICIAL APPEAL OF DESIRED FUTURE CONDITION    [CONDITIONS]. (a)  In this section:                (1)  "Affected person" means, with respect to the   management area in which the district is located:                      (A)  an owner of land in the management area;                      (B)  a groundwater conservation district or   subsidence district in or adjacent to the management area;                      (C)  a regional water planning group with a water   management strategy in the management area;                      (D)  a person who holds or is applying for a permit   from a district in the management area; or                      (E)  a person with a legally defined interest in   groundwater in the management area.                (2)  "Development board" means the Texas Water   Development Board.                (3)  "District" means a district that is a party to an   appeal under this section [A final district order issued under   Section 36.1083 may be appealed to a district court with   jurisdiction over any part of the territory of the district that   issued the order.   An appeal under this subsection must be filed   with the district court not later than the 45th day after the date   the district issues the final order. The case shall be decided   under the substantial evidence standard of review as provided by   Section 2001.174, Government Code].          (b)  A district's adoption of a desired future condition   under Section 36.108(d-4) may be appealed by an affected person to a   district court with jurisdiction over any part of the territory of   the district. An appeal must be filed with the district court not   later than the 120th day after the date of the adoption. The   pleadings must provide evidence that the desired future condition   adopted by the districts was unreasonable.          (c)  Not later than the 10th day after receiving notice of   the appeal, the district shall submit a copy of the pleadings to the   development board. On receipt of the pleadings, the development   board shall conduct:                (1)  an administrative review to determine whether the   desired future condition established by the district meets the   criteria in Section 36.108(d); and                (2)  a study containing scientific and technical   analysis of the desired future condition, including consideration   of:                      (A)  the hydrogeology of the aquifer;                      (B)  the explanatory report provided to the   development board under Section 36.108(d-3);                      (C)  the factors described under Section   36.108(d); and                      (D)  any relevant:                            (i)  groundwater availability models;                            (ii)  published studies;                             (iii)  estimates of total recoverable   storage capacity;                            (iv)  average annual amounts of recharge,   inflows, and discharge of groundwater; or                            (v)  information provided in the petition or   available to the development board.          (d)  Not later than the 120th day after the date of receiving   a copy of the pleadings, the development board shall complete and   deliver to the court the review and study required by Subsection   (c). The development board shall make available relevant staff as   expert witnesses if requested by the court.          (e)  If the court finds that a desired future condition is   unreasonable, the court shall strike the desired future condition   and order the districts in the same management area as the district   that was a party to the appeal [received the petition] to reconvene   not later than the 60th day after the date of the court order in a   joint planning meeting for the purpose of revising the desired   future condition. The districts in the management area shall   follow the procedures in Section 36.108 to adopt new desired future   conditions applicable to the district that was a party to the appeal   [received the petition].          (f) [(b)]  A court's finding under this section does not   apply to a desired future condition that is not a matter before the   court.          SECTION 2.  Section 36.1083, Water Code, is repealed.          SECTION 3.  The change in law made by this Act applies to an   action filed on or after the effective date of this Act. An action   filed before the effective date of this Act is governed by the law   in effect on the date the action was filed, and the former law is   continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.