1-1 By: Brown S.B. No. 657
1-2 (In the Senate - Filed February 23, 1999; February 25, 1999,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 4, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 4, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 657 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the development of water management strategies for
1-11 periods of drought.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (h), Section 16.012, Water Code, is
1-14 amended to read as follows:
1-15 (h) Within 90 days of completing a water availability model
1-16 for a river basin, the commission shall provide to all holders of
1-17 existing permits, certified filings, and certificates of
1-18 adjudication in that river basin the projected amount of water that
1-19 would be available[:] during a drought of record[; when flows are
1-20 at 75 percent of normal; and when flows are at 50 percent of
1-21 normal].
1-22 SECTION 2. Subsection (e), Section 16.053, Water Code, is
1-23 amended to read as follows:
1-24 (e) Each regional water planning group shall submit to the
1-25 board a regional water plan that:
1-26 (1) is consistent with the guidance principles for the
1-27 state water plan adopted by the board under Section 16.051(d) [of
1-28 this code];
1-29 (2) provides information based on data provided or
1-30 approved by the board in a format consistent with the guidelines
1-31 provided by the board under Subsection (d) [of this section];
1-32 (3) identifies:
1-33 (A) each source of water supply in the regional
1-34 water planning area in accordance with the guidelines provided by
1-35 the board under Subsections (d) and (f);
1-36 (B) factors specific to each source of water
1-37 supply to be considered in determining whether to initiate a
1-38 drought response; and
1-39 (C) actions to be taken as part of the response;
1-40 (4) has specific provisions for water management
1-41 strategies to be used[:]
1-42 [(A)] during a drought of record[;]
1-43 [(B) when flows are at 75 percent of normal; and]
1-44 [(C) when flows are at 50 percent of normal];
1-45 (5) [(4)] includes but is not limited to consideration
1-46 of the following:
1-47 (A) any existing water or drought planning
1-48 efforts addressing all or a portion of the region;
1-49 (B) certified groundwater conservation district
1-50 management plans and other plans submitted under Section 16.054 [of
1-51 this code];
1-52 (C) all potentially feasible water management
1-53 strategies, including but not limited to improved conservation,
1-54 reuse, and management of existing water supplies, acquisition of
1-55 available existing water supplies, and development of new water
1-56 supplies;
1-57 (D) protection of existing water rights in the
1-58 region;
1-59 (E) opportunities for and the benefits of
1-60 developing regional water supply facilities or providing regional
1-61 management of water supply facilities;
1-62 (F) appropriate provision for environmental
1-63 water needs and for the effect of upstream development on the bays,
1-64 estuaries, and arms of the Gulf of Mexico and the effect of plans
2-1 on navigation;
2-2 (G) provisions in Section 11.085(k)(1) [of this
2-3 code] if interbasin transfers are contemplated;
2-4 (H) voluntary transfer of water within the
2-5 region using, but not limited to, regional water banks, sales,
2-6 leases, options, subordination agreements, and financing
2-7 agreements; and
2-8 (I) emergency transfer of water under Section
2-9 11.139 [of this code], including information on the part of each
2-10 permit, certified filing, or certificate of adjudication for
2-11 nonmunicipal use in the region that may be transferred without
2-12 causing unreasonable damage to the property of the nonmunicipal
2-13 water rights holder; and
2-14 (6) [(5)] identifies river and stream segments of
2-15 unique ecological value and sites of unique value for the
2-16 construction of reservoirs that the regional water planning group
2-17 recommends for protection under Section 16.051 [of this code].
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
2-25 * * * * *