Tex. Water Code § 36.1071 — TX Code / Code wa / Chapter 36 / Section 36.1071
§ 36.1071. MANAGEMENT PLAN.
Status: in_force

(a) Following notice and hearing, the district shall, in coordination with surface water management entities on a regional basis, develop a management plan that addresses the following management goals, as applicable:

(1) providing the most efficient use of groundwater;

(2) controlling and preventing waste of groundwater;

(3) controlling and preventing subsidence;

(4) addressing conjunctive surface water management issues;

(5) addressing natural resource issues;

(6) addressing drought conditions;

(7) addressing conservation, recharge enhancement, rainwater harvesting, precipitation enhancement, or brush control, where appropriate and cost-effective; and

(8) addressing the desired future conditions adopted by the district under Section 36.108.

(b) The management plan, or any amendments to the plan, shall:

(1) be developed using the district's best available data and forwarded to the regional water planning group for use in their planning process; and

(2) include:

(A) the most recently approved desired future conditions adopted under Section 36.108; and

(B) the amount of modeled available groundwater corresponding to the most recently approved desired future conditions.

(b-1) A district shall amend a management plan before the second anniversary of the adoption of desired future conditions included under Subsection (b).

(b-2) If a petition challenging the reasonableness of a desired future condition is filed under Section 36.1083(b) and until the district issues a final order under Section 36.1083(n) or, if the desired future condition is found to be unreasonable in the final order, a new desired future condition is adopted under Section 36.108 or 36.1083 (p), the executive administrator shall consider the management plan administratively complete if the district includes:

(1) the most recently approved desired future conditions adopted under Section 36.108;

(2) the amount of modeled available groundwater corresponding to those desired future conditions;

(3) a statement of the status of the petition challenging the reasonableness of a desired future condition; and

(4) the information required by Subsections (a) and (e).

(b-3) Subsection (b-2) applies until either:

(1) the district issues a final order under Section 36.1083(n); or

(2) if a desired future condition is found to be unreasonable in the final order, a new desired future condition is adopted pursuant to Section 36.108 or 36.1083(p).

(c) The commission and the Texas Water Development Board shall provide technical assistance to a district in the development of the management plan required under Subsection (a) which may include, if requested by the district, a preliminary review and comment on the plan prior to final approval by the board. If such review and comment by the commission is requested, the commission shall provide comment not later than 30 days from the date the request is received.

(d) The commission shall provide technical assistance to a district during its initial operational phase. If requested by a district, the Texas Water Development Board shall train the district on basic data collection methodology and provide technical assistance to districts.

(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;

(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.

(f) The district shall adopt rules necessary to implement the management plan. Prior to the development of the management plan and its approval under Section 36.1072, the district may not adopt rules other than rules pertaining to the registration and interim permitting of new and existing wells and rules governing spacing and procedure before the district's board; however, the district may not adopt any rules limiting the production of wells, except rules requiring that groundwater produced from a well be put to a nonwasteful, beneficial use. The district may accept applications for permits under Section 36.113, provided the district does not act on any such application until the district's management plan is approved as provided in Section 36.1072.

(g) The district shall adopt amendments to the management plan as necessary. Amendments to the management plan shall be adopted after notice and hearing and shall otherwise comply with the requirements of this section.

(h) In developing its management plan, the district shall use the groundwater availability modeling information provided by the executive administrator together with any available site-specific information that has been provided by the district to the executive administrator for review and comment before being used in the plan.