Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) In this section:
(1) "Development board" means the Texas Water Development Board.
(2) "District representative" means the presiding officer or the presiding officer's designee for any district located wholly or partly in the management area.
(b) If two or more districts are located within the boundaries of the same management area, each district shall forward a copy of that district's new or revised management plan to the other districts in the management area. The boards of the districts shall consider the plans individually and shall compare them to other management plans then in force in the management area.
(c) The district representatives shall meet at least annually to conduct joint planning with the other districts in the management area 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 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-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 boundaries of the management area; or
(2) each geographic area overlying an aquifer in whole or in part or subdivision of an aquifer within the boundaries of the management area.
(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 public 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 adopted as a resolution by a two-thirds vote of all the district representatives. 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) As soon as possible after a district receives the desired future conditions resolution and explanatory report under Subsection (d-3), the district shall adopt the desired future conditions in the resolution and report that apply to the district.
(d-5) Notwithstanding Subsection (d) and regardless of the date on which a proposal may have been voted on before September 1, 2013, a proposal for the adoption of desired future conditions for the relevant aquifers within a management area is not required before May 1, 2016. This subsection does not prevent districts in a management area from voting on a proposal for the adoption of desired future conditions for the relevant aquifers within their management area before May 1, 2016. This subsection expires January 1, 2018.
(e) Except as provided by this section, a joint meeting under this section must be held in accordance with Chapter 551, Government Code. Each district shall comply with Chapter 552, Government Code. The district representatives may elect one district to be responsible for providing the notice of a joint meeting that this section would otherwise require of each district in the management area. Notice of a joint meeting must be provided at least 10 days before the date of the meeting by:
(1) providing notice to the secretary of state;
(2) providing notice to the county clerk of each county located wholly or partly in a district that is located wholly or partly in the management area; and
(3) posting notice at a place readily accessible to the public at the district office of each district located wholly or partly in the management area.
(e-1) The secretary of state and the county clerk of each county described by Subsection (e) shall post notice of the meeting in the manner provided by Section 551.053, Government Code.
(e-2) Notice of a joint meeting must include:
(1) the date, time, and location of the meeting;
(2) a summary of any action proposed to be taken;
(3) the name of each district located wholly or partly in the management area; and
(4) the name, telephone number, and address of one or more persons to whom questions, requests for additional information, or comments may be submitted.
(e-3) The failure or refusal of one or more districts to post notice for a joint meeting under Subsection (e)(3) does not invalidate an action taken at the joint meeting.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.29, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 519, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 966, Sec. 2.48, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 8, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 18 (S.B. 737), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 17, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 785 (S.B. 1282), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 993 (H.B. 200), Sec. 3, eff. September 1, 2015.
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