HB2078 - Relating to the joint planning of desired future conditions in groundwater management areas.

      H.B. No. 2078         AN ACT   relating to the joint planning of desired future conditions in   groundwater management areas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 36.1071(e), Water Code, is amended to   read as follows:          (e)  In the management plan described under Subsection (a),   the district shall:                (1)  identify the performance standards and management   objectives under which the district will operate to achieve the   management goals identified under Subsection (a);                (2)  specify, in as much detail as possible, the   actions, procedures, performance, and avoidance that are or may be   necessary to effect the plan, including specifications and proposed   rules;                (3)  include estimates of the following:                      (A)  modeled available groundwater in the   district based on the desired future condition established under   Section 36.108;                      (B)  the amount of groundwater being used within   the district on an annual basis;                      (C)  the annual amount of recharge from   precipitation, if any, to the groundwater resources within the   district;                      (D)  for each aquifer, the annual volume of water   that discharges from the aquifer to springs and any surface water   bodies, including lakes, streams, and rivers;                      (E)  the annual volume of flow into and out of the   district within each aquifer and between aquifers in the district,   if a groundwater availability model is available;                      (F)  the projected surface water supply in the   district according to the most recently adopted state water plan;   and                      (G)  the projected total demand for water in the   district according to the most recently adopted state water plan;   [ and ]                (4)  consider the water supply needs and water   management strategies included in the adopted state water plan ; and                 (5)  include an explanation in plain language of how:                       (A)     the district is monitoring and tracking the   achievement of the desired future conditions established under   Section 36.108; and                       (B)     the district has performed in achieving the   desired future conditions established under Section 36.108 over the   preceding five-year joint planning period .          SECTION 2.  Section 36.108, Water Code, is amended by   amending Subsections (c) and (d-3) and adding Subsections (c-1) and   (d-1a) to read as follows:          (c)  The district representatives shall meet at least   annually to conduct joint planning with the other districts in the   management area . The representatives shall [ and to ] review :                 (1)   [ the management plans, ] the accomplishments of the   management area ;                 (2)   [ , and ] proposals to adopt new or amend existing   desired future conditions ; and                 (3)     not less than once during each five-year period   described by Subsection (d), the management plans of each district   in the management area .           (c-1)   In reviewing the management plans under Subsection   (c) , 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 district is achieving   [ management plan achieves ] the desired future conditions   established during the joint planning process through the   implementation of the district's management plan and rules .           (d-1a)  The district representatives shall:                 (1)     adopt desired future conditions under this section   for each approximately 50-year planning period identified by the   executive administrator for the preparation of state and regional   water plans; and                 (2)     identify interim values for the desired future   conditions adopted under Subdivision (1) for time periods not to   exceed 10 years solely to assist the districts in monitoring   interim progress in achieving the desired future conditions adopted   for the approximately 50-year planning period.          (d-3)  After each district has submitted to the district   representatives the information required under Subsection (d-2)   and made the information available for the required period of time   under Subsection (d-2a), the district representatives shall   reconvene for a joint planning meeting to review the information   required under Subsection (d-2), consider any district's suggested   revisions to the proposed desired future conditions, receive public   comment, and finally adopt the desired future conditions for the   management area.  The desired future conditions must be approved by   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 during the public comment period or at the joint planning   meeting were or were not incorporated into the desired future   conditions ;                 (6)     include an explanation in plain language of why a   desired future condition adopted for an aquifer was changed if the   desired future condition is different from the desired future   condition adopted for the aquifer over the preceding five-year   joint planning period; and                 (7)     include a summary of how each district is   performing in achieving the desired future conditions .          SECTION 3.  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, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2078 was passed by the House on May   16, 2025, by the following vote:  Yeas 97, Nays 18, 3 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 2078 was passed by the Senate on May   27, 2025, by the following vote:  Yeas 30, Nays 1.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor