By:  Brown                                             S.B. No. 657
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the development of water management strategies for
 1-2     periods of drought.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (h), Section 16.012, Water Code, is
 1-5     amended to read as follows:
 1-6           (h)  Within 90 days of completing a water availability model
 1-7     for a river basin, the commission shall provide to all holders of
 1-8     existing permits, certified filings, and certificates of
 1-9     adjudication in that river basin the projected amount of water that
1-10     would be available[:] during a drought of record[; when flows are
1-11     at 75 percent of normal; and when flows are at 50 percent of
1-12     normal].
1-13           SECTION 2.  Subsection (e), Section 16.053, Water Code, is
1-14     amended to read as follows:
1-15           (e)  Each regional water planning group shall submit to the
1-16     board a regional water plan that:
1-17                 (1)  is consistent with the guidance principles for the
1-18     state water plan adopted by the board under Section 16.051(d) [of
1-19     this code];
1-20                 (2)  provides information based on data provided or
1-21     approved by the board in a format consistent with the guidelines
1-22     provided by the board under Subsection (d) [of this section];
1-23                 (3)  identifies:
1-24                       (A)  each source of water supply in the regional
 2-1     water planning area in accordance with the guidelines provided by
 2-2     the board under Subsections (d) and (f);
 2-3                       (B)  factors specific to each source of water
 2-4     supply to be considered in determining whether to initiate a
 2-5     drought response; and
 2-6                       (C)  actions to be taken as part of the response;
 2-7                 (4)  has specific provisions for water management
 2-8     strategies to be used[:]
 2-9                       [(A)]  during a drought of record[;]
2-10                       [(B)  when flows are at 75 percent of normal; and]
2-11                       [(C)  when flows are at 50 percent of normal];
2-12                 (5) [(4)]  includes but is not limited to consideration
2-13     of the following:
2-14                       (A)  any existing water or drought planning
2-15     efforts addressing all or a portion of the region;
2-16                       (B)  certified groundwater conservation district
2-17     management plans and other plans submitted under Section 16.054 [of
2-18     this code];
2-19                       (C)  all potentially feasible water management
2-20     strategies, including but not limited to improved conservation,
2-21     reuse, and management of existing water supplies, acquisition of
2-22     available existing water supplies, and development of new water
2-23     supplies;
2-24                       (D)  protection of existing water rights in the
2-25     region;
2-26                       (E)  opportunities for and the benefits of
 3-1     developing regional water supply facilities or providing regional
 3-2     management of water supply facilities;
 3-3                       (F)  appropriate provision for environmental
 3-4     water needs and for the effect of upstream development on the bays,
 3-5     estuaries, and arms of the Gulf of Mexico and the effect of plans
 3-6     on navigation;
 3-7                       (G)  provisions in Section 11.085(k)(1) [of this
 3-8     code] if interbasin transfers are contemplated;
 3-9                       (H)  voluntary transfer of water within the
3-10     region using, but not limited to, regional water banks, sales,
3-11     leases, options, subordination agreements, and financing
3-12     agreements; and
3-13                       (I)  emergency transfer of water under Section
3-14     11.139 [of this code], including information on the part of each
3-15     permit, certified filing, or certificate of adjudication for
3-16     nonmunicipal use in the region that may be transferred without
3-17     causing unreasonable damage to the property of the nonmunicipal
3-18     water rights holder; and
3-19                 (6) [(5)]  identifies river and stream segments of
3-20     unique ecological value and sites of unique value for the
3-21     construction of reservoirs that the regional water planning group
3-22     recommends for protection under Section 16.051 [of this code].
3-23           SECTION 3.  The importance of this legislation and the
3-24     crowded condition of the calendars in both houses create an
3-25     emergency and an imperative public necessity that the
3-26     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended,
 4-2     and that this Act take effect and be in force from and after its
 4-3     passage, and it is so enacted.