By Brown S.B. No. 657
76R3930 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development of water management strategies for
1-3 periods of drought.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.012(h), Water Code, is amended to read
1-6 as follows:
1-7 (h) Within 90 days of completing a water availability model
1-8 for a river basin, the commission shall provide to all holders of
1-9 existing permits, certified filings, and certificates of
1-10 adjudication in that river basin the projected amount of water that
1-11 would be available[:] during a drought of record[; when flows are
1-12 at 75 percent of normal; and when flows are at 50 percent of
1-13 normal].
1-14 SECTION 2. Section 16.053(e), Water Code, is amended to read
1-15 as follows:
1-16 (e) Each regional water planning group shall submit to the
1-17 board a regional water plan that:
1-18 (1) is consistent with the guidance principles for the
1-19 state water plan adopted by the board under Section 16.051(d) [of
1-20 this code];
1-21 (2) provides information based on data provided or
1-22 approved by the board in a format consistent with the guidelines
1-23 provided by the board under Subsection (d) [of this section];
1-24 (3) identifies:
2-1 (A) each source of water supply in the regional
2-2 planning area in accordance with the guidelines provided by the
2-3 board under Subsection (d);
2-4 (B) factors specific to each source of water
2-5 supply to be considered in determining whether to initiate a
2-6 drought response; and
2-7 (C) actions to be taken as part of the response;
2-8 (4) has specific provisions for water management
2-9 strategies to be used[:]
2-10 [(A)] during a drought of record;
2-11 [(B) when flows are at 75 percent of normal; and]
2-12 [(C) when flows are at 50 percent of normal;]
2-13 (5) [(4)] includes but is not limited to consideration
2-14 of the following:
2-15 (A) any existing water or drought planning
2-16 efforts addressing all or a portion of the region;
2-17 (B) certified groundwater conservation district
2-18 management plans and other plans submitted under Section 16.054 [of
2-19 this code];
2-20 (C) all potentially feasible water management
2-21 strategies, including but not limited to improved conservation,
2-22 reuse, and management of existing water supplies, acquisition of
2-23 available existing water supplies, and development of new water
2-24 supplies;
2-25 (D) protection of existing water rights in the
2-26 region;
2-27 (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
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.