WATER CODE
SUBTITLE E. GROUNDWATER MANAGEMENT
CHAPTER 35. GROUNDWATER STUDIES
§ 35.001. PURPOSE. In order to provide for the
conservation, preservation, protection, recharging, and prevention
of waste of the groundwater, and of groundwater reservoirs or their
subdivisions, and to control subsidence caused by withdrawal of
water from those groundwater reservoirs or their subdivisions,
consistent with the objectives of Section 59, Article XVI, Texas
Constitution, groundwater management areas may be created as
provided by this chapter.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
§ 35.002. DEFINITIONS. In this chapter:
(1) "District" means any district or authority created
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, that has the authority to regulate the spacing of
water wells, the production from water wells, or both.
(2) "Commission" means the Texas Natural Resource
Conservation Commission.
(3) "Executive director" means the executive director
of the commission.
(4) "Executive administrator" means the executive
administrator of the Texas Water Development Board.
(5) "Groundwater" means water percolating below the
surface of the earth.
(6) "Groundwater reservoir" means a specific
subsurface water-bearing reservoir having ascertainable boundaries
containing groundwater.
(7) "Subdivision of a groundwater reservoir" means a
definable part of a groundwater reservoir in which the groundwater
supply will not be appreciably affected by withdrawing water from
any other part of the reservoir, as indicated by known geological
and hydrological conditions and relationships and on foreseeable
economic development at the time the subdivision is designated or
altered.
(8) "Subsidence" means the lowering in elevation of
the land surface caused by withdrawal of groundwater.
(9) "Board" means the board of directors of a
district.
(10) "Director" means a member of a board.
(11) "Management area" means an area designated and
delineated by the Texas Water Development Board as an area suitable
for management of groundwater resources.
(12) "Priority groundwater management area" means an
area designated and delineated by the commission as an area that is
experiencing or is expected to experience critical groundwater
problems.
(13) "Political subdivision" means a county,
municipality, or other body politic or corporate of the state,
including a district or authority created under Section 52, Article
III, or Section 59, Article XVI, Texas Constitution, a state
agency, or a nonprofit water supply corporation created under
Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933
(Article 1434a, Vernon's Texas Civil Statutes).
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.10, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 966, § 2.21, eff. Sept. 1, 2001.
§ 35.003. SURFACE WATER LAWS NOT APPLICABLE. The laws
and administrative rules relating to the use of surface water do not
apply to groundwater.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
§ 35.004. DESIGNATION OF GROUNDWATER MANAGEMENT
AREAS. (a) The Texas Water Development Board, with assistance
and cooperation from the commission, shall designate groundwater
management areas 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.
(b) The commission may designate a groundwater management
area after September 1, 2001, for a petition filed and accepted by
the commission according to its rules in effect before September 1,
2001. The commission shall act on the designation in accordance
with this section.
(c) The Texas Water Development Board may alter the
boundaries of designated management areas as required by future
conditions and as justified by factual data. An alteration of
boundaries does not invalidate the previous creation of any
district.
(d) The Texas Water Development Board shall designate
groundwater management areas using the procedures applicable to
rulemaking under Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 966, § 2.22, eff. Sept. 1,
2001.
§ 35.007. IDENTIFYING, DESIGNATING, AND DELINEATING
PRIORITY GROUNDWATER MANAGEMENT AREAS. (a) The executive
director and the executive administrator shall meet periodically to
identify, based on information gathered by the commission and the
Texas Water Development Board, those areas of the state that are
experiencing or that are expected to experience, within the
immediately following 25-year period, critical groundwater
problems, including shortages of surface water or groundwater, land
subsidence resulting from groundwater withdrawal, and
contamination of groundwater supplies. Not later than September 1,
2005, the commission, with assistance and cooperation from the
Texas Water Development Board, shall complete the initial
designation of priority groundwater management areas across all
major and minor aquifers of the state for all areas that meet the
criteria for that designation. The studies may be prioritized
considering information from the regional planning process,
information from the Texas Water Development Board groundwater
management areas and from groundwater conservation districts, and
any other information available. After the initial designation of
priority groundwater management areas, the commission and the Texas
Water Development Board shall annually review the need for
additional designations as provided by this subsection.
(b) If the executive director concludes that an area of the
state should be considered for designation as a priority
groundwater management area, the executive director shall prepare a
report to the commission.
(c) Before the executive director requests a study from the
executive administrator under Subsection (d), the executive
director shall provide notice to the persons listed in Section
35.009(c) of areas being considered for identification as
experiencing or expected to experience critical groundwater
problems and shall consider any information or studies submitted
under this subsection. Not later than the 45th day after the date
of the notice, a person required to receive notice under this
subsection may submit to the executive director information or
studies that address the potential effects on an area of being
identified as experiencing or expected to experience critical
groundwater problems.
(d) The executive director shall begin preparation of a
priority groundwater management area report by requesting a study
from the executive administrator. The study must:
(1) include an appraisal of the hydrogeology of the
area and matters within the Texas Water Development Board's
planning expertise relevant to the area;
(2) assess the area's immediate, short-term, and
long-term water supply and needs; and
(3) be completed and delivered to the executive
director on or before the 180th day following the date of the
request. If the study is not delivered within this 180-day period,
the executive director may proceed with the preparation of the
report.
(e) The executive director shall request a study from the
executive director of the Parks and Wildlife Department for the
purpose of preparing the report required by this section. The
Department of Agriculture may also provide input to the executive
director for purposes of the report. The study must:
(1) evaluate the potential effects of the designation
of a priority groundwater management area on an area's natural
resources; and
(2) be completed and delivered to the executive
director on or before the 180th day following the date of the
request. If the study is not delivered within this 180-day period,
the executive director may proceed with the preparation of the
report.
(f) The report shall include:
(1) the recommended delineation of the boundaries of
any proposed priority groundwater management area in the form of an
order to be considered for adoption by the commission;
(2) the reasons and supporting information for or
against designating the area as a priority groundwater management
area;
(3) a recommendation regarding whether one or more
districts should be created in the priority groundwater management
area, whether the priority groundwater management area should be
added to an existing district, or whether a combination of those
actions should be taken;
(4) a recommendation as to actions that should be
considered to conserve natural resources;
(5) an evaluation of information or studies submitted
to the executive director under Subsection (c); and
(6) any other information that the executive director
considers helpful to the commission.
(g) The executive director must complete the report and file
it with the commission on or before the 240th day following the date
on which the executive administrator was requested to produce a
study. The executive director shall make the report available for
public inspection by providing a copy of the report to at least one
public library and the county clerk's office in each county in which
the proposed priority groundwater management area is located and to
all districts adjacent to the area of the proposed priority
groundwater management area.
(h) To carry out this section, the executive director may
make necessary studies, hold hearings, solicit and collect
information, and use information already prepared by the executive
director or the executive administrator for other purposes.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.11, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 456, § 10, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 979, § 12, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 966, § 2.23, eff. Sept. 1, 2001.
§ 35.008. PROCEDURES FOR DESIGNATION OF PRIORITY
GROUNDWATER MANAGEMENT AREA; CONSIDERATION OF CREATION OF NEW
DISTRICT OR ADDITION OF LAND IN PRIORITY GROUNDWATER MANAGEMENT
AREA TO EXISTING DISTRICT; COMMISSION ORDER. (a) The commission
shall designate priority groundwater management areas using the
procedures provided by this chapter in lieu of those provided by
Subchapter B, Chapter 2001, Government Code.
(b) The commission shall call an evidentiary hearing to
consider:
(1) the designation of a priority groundwater
management area; and
(2) whether one or more districts should be created
over all or part of a priority groundwater management area, all or
part of the land in the priority groundwater management area should
be added to an existing district, or a combination of those actions
should be taken. Consideration of this issue shall include a
determination of whether a district is feasible and practicable.
(c) Evidentiary hearings shall be held at a location in one
of the counties in which the priority groundwater management area
is located, or proposed to be located, or in the nearest convenient
location if adequate facilities are not available in those
counties.
(d) At the hearing, the commission shall hear testimony and
receive evidence from affected persons. Affected persons shall
include landowners, well owners, and other users of groundwater in
the proposed priority groundwater management area. The commission
shall consider the executive director's report and supporting
information and the testimony and evidence received at the hearing.
If the commission considers further information necessary, the
commission may request such information from any source.
(e) Any evidentiary hearing shall be concluded not later
than the 75th day after the date notice of the hearing is published.
(f) At the conclusion of the hearing and the commission's
considerations, the commission shall issue an order stating its
findings and conclusions, including whether a priority groundwater
management area should be designated in the area and
recommendations regarding district creation as set forth in
Subsection (g).
(g) The commission's order designating a priority
groundwater management area must recommend that the area be covered
by a district in any of the following ways:
(1) creation of one or more new districts;
(2) addition of the land in the priority groundwater
management area to one or more existing districts; or
(3) a combination of actions under Subdivisions (1)
and (2).
(h) In recommending the boundaries of a district or
districts under Subsection (g), the commission shall give
preference to boundaries that are coterminous with those of the
priority groundwater management area, but may recommend district
boundaries along existing political subdivision boundaries at the
discretion of the commission to facilitate district creation and
confirmation.
(i) The designation of a priority groundwater management
area may not be appealed nor may it be challenged under Section
5.351 of this code or Section 2001.038, Government Code.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.12, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 966, § 2.24, eff. Sept. 1, 2001.
§ 35.009. NOTICE AND HEARING. (a) The commission
shall have notice of the hearing published in at least one newspaper
with general circulation in the county or counties in which the area
proposed for designation as a priority groundwater management area
is located. Notice must be published not later than the 30th day
before the date set for the hearing.
(b) The notice must include:
(1) if applicable, a statement of the general purpose
and effect of designating the proposed priority groundwater
management area;
(2) if applicable, a statement of the general purpose
and effect of creating a new district in the priority groundwater
management area;
(3) if applicable, a statement of the general purpose
and effect of adding all or part of the land in the priority
groundwater management area to an existing district;
(4) a map generally outlining the boundaries of the
area being considered for priority groundwater management area
designation or notice of the location at which a copy of the map may
be examined or obtained;
(5) a statement that the executive director's report
concerning the priority groundwater management area or proposed
area is available at the commission's main office in Austin, Texas,
and at regional offices of the commission for regions which include
territory within the priority groundwater management area or
proposed priority groundwater management area and that the report
is available for inspection during regular business hours;
(6) a description or the name of the locations in the
affected area at which the commission has provided copies of the
executive director's report to be made available for public
inspection;
(7) the name and address of each public library, each
county clerk's office, and each district to which the commission
has provided copies of the executive director's report; and
(8) the date, time, and place of the hearing.
(c) The commission shall also give written notice of the
date, time, place, and purpose of the hearing to the governing body
of each county, regional water planning group, adjacent groundwater
district, municipality, river authority, water district, or other
entity which supplies public drinking water, including each holder
of a certificate of convenience and necessity issued by the
commission, and of each irrigation district, located either in
whole or in part in the priority groundwater management area or
proposed priority groundwater management area. The notice must be
given before the 30th day preceding the date set for the hearing.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.13, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 966, § 2.25, eff. Sept. 1, 2001.
§ 35.012. CREATION OF DISTRICT IN PRIORITY GROUNDWATER
MANAGEMENT AREA. (a) Following the issuance of a commission
order under Section 35.008 designating a priority groundwater
management area and recommending the creation of one or more
districts, or the addition of land to an existing district, the
landowners in the priority groundwater management area may:
(1) create one or more districts under Subchapter B,
Chapter 36;
(2) have the area annexed to a district that adjoins
the area; or
(3) create one or more districts through the
legislative process.
(b) Within two years, but no sooner than 120 days, from the
date on which the commission issues an order under Section 35.008
designating a priority groundwater management area, for those areas
that are not within a district, the commission shall:
(1) create one or more new districts under Section
36.0151;
(2) recommend that the areas, or a portion of the
areas, be added to an existing district under Section 35.013; or
(3) take any combination of the actions under
Subdivisions (1) and (2).
(c) Following the issuance of a commission order under
Section 35.008, the Texas Agricultural Extension Service shall
begin an educational program within such areas with the assistance
and cooperation of the Texas Water Development Board, the
commission, the Department of Agriculture, other state agencies,
and existing districts to inform the residents of the status of the
area's water resources and management options including possible
formation of a district. The county commissioners court of each
county in the priority groundwater management area shall form a
steering committee to provide assistance to the Texas Agricultural
Extension Service in accomplishing the goals of the education
program within the area.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.14, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 456, § 11, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 979, § 13, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 966, § 2.26, eff. Sept. 1, 2001.
§ 35.013. ADDING PRIORITY GROUNDWATER MANAGEMENT AREA TO
EXISTING DISTRICT. (a) If the commission in its order under
Section 35.008 recommends that the priority groundwater management
area or a portion of the priority groundwater management area be
added to an existing district, the commission shall give notice to
the board of the existing district recommended in its order and to
any other existing districts adjacent to the priority groundwater
management area.
(b) The commission shall submit a copy of the order to the
board of the district to which it is recommending the priority
groundwater management area be added. The board shall vote on the
addition of the priority groundwater management area to the
district and shall advise the commission of the outcome.
(c) If the board votes to accept the addition of the
priority groundwater management area to the district, the board:
(1) may request the Texas Agricultural Extension
Service, the commission, and the Texas Water Development Board,
with the cooperation and assistance of the Department of
Agriculture and other state agencies, to administer an educational
program to inform the residents of the status of the area's water
resources and management options including possible annexation
into a district;
(2) shall call an election within the priority
groundwater management area, or portion of the priority groundwater
management area, as delineated by the commission to determine if
the priority groundwater management area will be added to the
district; and
(3) shall designate election precincts and polling
places for the elections in the order calling an election under this
subsection.
(d) The board shall give notice of the election and the
proposition to be voted on. The board shall publish notice of the
election at least one time in one or more newspapers with general
circulation within the boundaries of the priority groundwater
management area. The notice must be published before the 30th day
preceding the date set for the election.
(e) The ballots for the election shall be printed to provide
for voting for or against the proposition: "The inclusion of
_________________________ (briefly describe priority groundwater
management area) in the ______________ District." If the district
has outstanding debts or taxes, the proposition shall include the
following language: "and assumption by the described area of a
proportional share of the debts or taxes of the district. "
(f) Immediately after the election, the presiding judge of
each polling place shall deliver the returns of the election to the
board, and the board shall canvass the returns for the election
within the priority groundwater management area and declare the
results. If a majority of the voters in the priority groundwater
management area voting on the proposition vote in favor of the
proposition, the board shall declare that the priority groundwater
management area is added to the district. If a majority of the
voters in the priority groundwater management area voting on the
proposition vote against adding the priority groundwater
management area to the district, the board shall declare that the
priority groundwater management area is not added to the district.
The board shall file a copy of the election results with the
commission.
(g) If the voters approve adding the priority groundwater
management area to the district, the board of the district to which
the priority groundwater management area is added shall provide
reasonable representation on that board compatible with the
district's existing scheme of representation. Not later than the
30th day after the date on which the board declares that the
priority groundwater management area is added to the district, the
board of the existing district shall appoint a person or persons to
represent the area until the next regularly scheduled election or
appointment of directors.
(h) If the proposition is defeated, or if the board of the
existing district votes not to accept the addition of the area to
the district, then the commission shall, except as provided under
Subsection (i), create under Section 36.0151 one or more districts
covering the priority groundwater management area not later than
the first anniversary of the date on which the proposition is
defeated or the board votes not to accept the area.
(i) For an area that is not feasible for the creation of one
or more districts as determined in the commission's findings under
Section 35.008, the commission shall include in its report under
Section 35.018 recommendations for the future management of the
priority groundwater management area.
(j) Another election to add the priority groundwater
management area to an existing district may not be called before the
first anniversary of the date on which the election on the
proposition was held.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.15, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 456, § 12, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 979, § 14, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 966, § 2.27, eff. Sept. 1, 2001.
§ 35.014. COSTS OF ELECTIONS. (a) The costs of an
election to create a district at which a district is authorized to
be created shall be paid by the district.
(b) The costs of an election to add a priority groundwater
management area to an existing district at which the voters approve
adding the priority groundwater management area to the district
shall be paid by the existing district.
(c) The costs of an election to create a district or add a
priority groundwater management area to an existing district at
which the proposition fails shall be paid by the commission.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.16, eff. Sept. 1,
1997.
§ 35.015. STATE ASSISTANCE. A political subdivision
located in an area delineated as a priority groundwater management
area, and in which qualified voters approve the creation of a
district or annexation into an existing district, shall be given
consideration to receive financial assistance from the state under
Chapter 17 for funds to be used in addressing issues identified in
the priority groundwater management area report in the manner
provided by Sections 17.124 and 17.125.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.17, eff. Sept. 1,
1997.
§ 35.017. STATE-OWNED LAND. If state-owned land or a
portion of state-owned land is located in a priority groundwater
management area, the state agency that has management and control
over that land under the constitution or by statute may elect by
written agreement with the commission and the district to include
the state-owned land in the district. The agreement shall be
entered into as provided by the Texas Intergovernmental Cooperation
Act, Chapter 741, Government Code, and may include provisions for
the payment by the state agency of reasonable fees to the district.
If the state does not elect to enter into the agreement to include
the state-owned land in the district, the state agency must
establish a groundwater management plan that will conserve,
protect, and prevent the waste of groundwater on that state-owned
land.
Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1010, § 4.18, eff. Sept. 1,
1997.
§ 35.018. REPORTS. (a) No later than January 31 of
each odd-numbered year, the commission in conjunction with the
Texas Water Development Board shall prepare and deliver to the
governor, the lieutenant governor, and the speaker of the house of
representatives a comprehensive report concerning activities
during the preceding two years relating to the designation of
priority groundwater management areas by the commission and the
creation and operation of districts.
(b) The report must include:
(1) the names and locations of all priority
groundwater management areas and districts created or attempted to
be created on or after November 5, 1985, the effective date of
Chapter 133 (H.B. No. 2), Acts of the 69th Legislature, Regular
Session, 1985;
(2) the authority under which each priority
groundwater management area and district was proposed for creation;
(3) a detailed analysis of each election held to
confirm the creation of a district, including analysis of election
results, possible reasons for the success or failure to confirm the
creation of a district, and the possibility for future voter
approval of districts in areas in which attempts to create
districts failed;
(4) a detailed analysis of the activities of each
district created, including those districts which are implementing
management plans certified under Section 36.1072;
(5) a report on audits performed on districts under
Section 36.302 and remedial actions taken under Section 36.303;
(6) recommendations for changes in this chapter and
Chapter 36 that will facilitate the creation of priority
groundwater management areas and the creation and operation of
districts;
(7) a report on educational efforts in newly
designated priority groundwater management areas; and
(8) any other information and recommendations that the
commission considers relevant.
(c) If the commission determines that a district created
under Chapter 36 is not appropriate for, or capable of, the
protection of the groundwater resources for a particular management
area or priority groundwater management area, the commission may
recommend in its report to the legislature the creation of a special
district or amendment of an existing district.
Added by Acts 1997, 75th Leg., ch. 1010, § 4.19, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 966, § 2.28, eff.
Sept. 1, 2001.
§ 35.019. WATER AVAILABILITY. (a) The commissioners
court of a county in a priority groundwater management area may
adopt water availability requirements in an area where platting is
required if the court determines that the requirements are
necessary to prevent current or projected water use in the county
from exceeding the safe sustainable yield of the county's water
supply.
(b) The commissioners court of a county in a priority
groundwater management area may:
(1) require a person seeking approval of a plat
required by Subchapter A, Chapter 232, Local Government Code, to
show:
(A) compliance with the water availability
requirements adopted by the court under this section; and
(B) that an adequate supply of water of
sufficient quantity and quality is available to supply the number
of lots proposed for the platted area;
(2) adopt standards or formulas to determine whether
an adequate water supply exists for the platted area; and
(3) adopt procedures for submitting the information
necessary to determine whether an adequate water supply exists for
the platted area.
(c) The water availability requirements established by a
commissioners court under this section may require that:
(1) a person seeking approval of a plat or attempting
to sell a lot in a subdivision:
(A) notify a purchaser of a lot in the
subdivision if an approved water supply for the subdivision does
not exist; or
(B) if the person attempts to build a water
supply system to serve one or more lots within the subdivision:
(i) comply with federal, state, and local
law; and
(ii) establish an entity to construct and
operate the system; or
(2) a planned or operating water supply system serving
one or more lots within a subdivision be built and operated in
compliance with federal, state, and local laws and rules related to
public drinking water.
Added by Acts 1997, 75th Leg., ch. 1010, § 4.19, eff. Sept. 1,
1997.
