Sec. 36.10835. JUDICIAL APPEAL OF DESIRED FUTURE CONDITIONS. (a) A final district order issued under Section 36.1083 may be appealed to a district court with jurisdiction over any part of the territory of the district that issued the order. An appeal under this subsection must be filed with the district court not later than the 45th day after the date the district issues the final order. The case shall be decided under the substantial evidence standard of review as provided by Section 2001.174, Government Code. If the court finds that a desired future condition is unreasonable, the court shall strike the desired future condition and order the districts in the same management area as the district that received the petition to reconvene not later than the 60th day after the date of the court order in a joint planning meeting for the purpose of revising the desired future condition. The districts in the management area shall follow the procedures in Section 36.108 to adopt new desired future conditions applicable to the district that received the petition.
(b) A court's finding under this section does not apply to a desired future condition that is not a matter before the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 993 (H.B. 200), Sec. 5, eff. September 1, 2015.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle E - Groundwater Management
Chapter 36 - Groundwater Conservation Districts
Subchapter D. Powers and Duties
Section 36.101. Rulemaking Power
Section 36.1011. Emergency Rules
Section 36.1015. Rules for Permits in Brackish Groundwater Production Zones
Section 36.102. Enforcement of Rules
Section 36.103. Improvements and Facilities
Section 36.104. Purchase, Sale, Transportation, and Distribution of Water
Section 36.105. Eminent Domain
Section 36.1071. Management Plan
Section 36.1072. Texas Water Development Board Review and Approval of Management Plan
Section 36.1073. Amendment to Management Plan
Section 36.108. Joint Planning in Management Area
Section 36.1081. Technical Staff and Subcommittees for Joint Planning
Section 36.1083. Appeal of Desired Future Conditions
Section 36.10835. Judicial Appeal of Desired Future Conditions
Section 36.1084. Modeled Available Groundwater
Section 36.1085. Management Plan Goals and Objectives
Section 36.1086. Joint Efforts by Districts in a Management Area
Section 36.109. Collection of Information
Section 36.110. Publication of Plans and Information
Section 36.111. Records and Reports
Section 36.112. Drillers' Logs
Section 36.113. Permits for Wells; Permit Amendments
Section 36.1131. Elements of Permit
Section 36.1132. Permits Based on Modeled Available Groundwater
Section 36.114. Permit; Permit Amendment; Application and Hearing
Section 36.1145. Operating Permit Renewal
Section 36.1146. Change in Operating Permits
Section 36.115. Drilling or Altering Well Without Permit
Section 36.116. Regulation of Spacing and Production
Section 36.117. Exemptions; Exception; Limitations
Section 36.118. Open or Uncovered Wells
Section 36.119. Illegal Drilling and Operation of Well; Citizen Suit
Section 36.121. Limitation on Rulemaking Power of Districts Over Wells in Certain Counties
Section 36.122. Transfer of Groundwater Out of District