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.