subdivisions relying on groundwater need an aquifer drawdown estimate

The text as introduced · 1,330 words

By: Zwiener
H.B. No. 5213

A BILL TO BE ENTITLED

AN ACT

relating to groundwater requirements for municipal and county

approval of subdivision plats and the powers and duties of

groundwater conservation districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 212.0101, Local Government Code, is

amended by amending Subsection (a) and adding Subsections (d) and

(e) to read as follows:

(a) Except as provided by Subsection (a-1), a plat

application for the subdivision of a tract of land for which the

source of the water supply intended for the subdivision is

groundwater under that land must have attached to it a statement

that:

(1) is prepared by an engineer licensed to practice in

this state or a geoscientist licensed to practice in this state; and

(2) certifies that adequate groundwater is available

for the subdivision , including:

(A) an estimate of the drawdown of the

groundwater associated with the subdivision, relative to modeled

available groundwater and modeled sustainable groundwater, as

those terms are defined by Section 36.001, Water Code; and

(B) if information is sufficiently available

from a groundwater conservation district that includes in the

district's boundaries any part of the subdivision or the Texas

Commission on Environmental Quality, a determination of:

(i) the cumulative impact of any existing

or planned wells on water availability and drawdown in the

subdivision; and

(ii) the projected future pumping from an

aquifer or from interconnected aquifers from area wells located

outside of the subdivision .

(d) A person who submits a plat under Subsection (a) shall

submit the statement attached to the plat to a groundwater

conservation district that includes in the district's boundaries

any part of the subdivision.

(e) A groundwater conservation district that receives a

statement under Subsection (d) may:

(1) contest the approval of the plat application

associated with the statement; and

(2) provide the municipal authority responsible for

approving plats that is considering the plat application any

information that would challenge the findings of the groundwater

availability statement included in the plat application.

SECTION 2. Section 232.0032, Local Government Code, is

amended by amending Subsection (a) and adding Subsections (d) and

(e) to read as follows:

(a) Except as provided by Subsection (a-1), a plat

application for the subdivision of a tract of land for which the

source of the water supply intended for the subdivision is

groundwater under that land must have attached to it a statement

that:

(1) is prepared by an engineer licensed to practice in

this state or a geoscientist licensed to practice in this state; and

(2) certifies that adequate groundwater is available

for the subdivision , including:

(A) an estimate of the drawdown of the

groundwater associated with the subdivision, relative to modeled

available groundwater and modeled sustainable groundwater, as

those terms are defined by Section 36.001, Water Code; and

(B) if information is sufficiently available

from a groundwater conservation district that includes in the

district's boundaries any part of the subdivision or the Texas

Commission on Environmental Quality, a determination of:

(i) the cumulative impact of any existing

or planned wells on water availability and drawdown; and

(ii) the projected future pumping from an

aquifer or from interconnected aquifers from area wells located

outside of the subdivision .

(d) A person who submits a plat under Subsection (a) shall

submit the statement attached to the plat to a groundwater

conservation district that includes in the district's boundaries

any part of the subdivision.

(e) A groundwater conservation district that receives a

statement under Subsection (d) may:

(1) contest the approval of the plat application

associated with the statement; and

(2) provide the commissioners court that is

considering the plat application any information that would

challenge the findings of the groundwater availability statement

included in the plat application.

SECTION 3. Section 36.001, Water Code, is amended by adding

Subdivisions (32) and (33) to read as follows:

(32) "Modeled sustainable groundwater" means the

maximum volume of water that the executive director, using best

available science, determines may be withdrawn from the aquifer on

an annual basis so the water table does not draw down and future

withdrawals may be maintained in perpetuity.

(33) "Total estimated recoverable storage" means the

estimated amount of groundwater within an aquifer that ranges

between 25 and 75 percent of the porosity-adjusted aquifer volume

and accounts for:

(A) groundwater quality, including the potential

for degradation of water quality derived from current or projected

future groundwater withdrawals;

(B) the impact of current and projected future

withdrawals on:

(i) water levels; and

(ii) land surface subsidence; and

(C) the interaction of groundwater and surface

water, including discharge from the aquifer to springs, lakes,

streams, and rivers.

SECTION 4. Section 36.108(d), Water Code, is amended to

read as follows:

(d) Not later than May 1, 2021, 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 and modeled sustainable groundwater 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 , including an analysis of any indirect economic value

reasonably expected to be derived from the preservation of

groundwater resources through sustainable management practices ;

(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.

SECTION 5. Section 36.109, Water Code, is amended to read as

follows:

Sec. 36.109. COLLECTION OF INFORMATION. (a) A district may

collect any information the board deems necessary, including

information regarding the use of groundwater, water conservation,

and the practicability of recharging a groundwater reservoir. At

the request of the executive administrator, the district shall

provide any data collected by the district in a format acceptable to

the executive administrator.

(b) To the extent practicable, a district may coordinate

with the commission, the Texas Water Development Board, a river

authority, or any other entity to collect information to provide

insight into the interactions between groundwater and surface water

for groundwater planning purposes.

SECTION 6. Section 36.1132(b), Water Code, is amended to

read as follows:

(b) In issuing permits, the district shall manage total

groundwater production on a long-term basis to achieve an

applicable desired future condition and consider:

(1) the modeled available groundwater and modeled

sustainable groundwater determined by the executive administrator;

(2) the executive administrator's estimate of the

current and projected amount of groundwater produced under

exemptions granted by district rules and Section 36.117;

(3) the amount of groundwater authorized under permits

previously issued by the district;

(4) a reasonable estimate of the amount of groundwater

that is actually produced under permits issued by the district; and

(5) yearly precipitation and production patterns.

SECTION 7. Sections 212.0101 and 232.0032, Local Government

Code, as amended by this Act, apply only to a plat application filed

on or after the effective date of this Act. A plat application

filed before the effective date of this Act is governed by the law

as it existed immediately before the effective date of this Act, and

that law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2025.