AN ACT
1-1 relating to providing for representation of agricultural interests
1-2 in water resource planning and management.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (h), Section 15.4061, Water Code, is
1-5 amended to read as follows:
1-6 (h) The board shall require that regional water plans
1-7 developed or revised under contracts entered into under this
1-8 section be made available to the commission, the Department of
1-9 Agriculture, and the Parks and Wildlife Department.
1-10 SECTION 2. Subsection (c), Section 15.7031, Water Code, is
1-11 amended to read as follows:
1-12 (c) The dedication of any water rights placed in trust must
1-13 be reviewed and approved by the commission, in consultation with
1-14 the board and the Parks and Wildlife Department. In addition, the
1-15 Department of Agriculture may provide input to the commission, as
1-16 appropriate, during the review and approval process for dedication
1-17 of water rights.
1-18 SECTION 3. Subsections (c) and (j), Section 16.012, Water
1-19 Code, are amended to read as follows:
1-20 (c) In performing the duties required under Subdivisions
1-21 (1), (4), (5), (6), and (7) of Subsection (b), the executive
1-22 administrator shall consider advice from the Parks and Wildlife
1-23 Department. In addition, the Department of Agriculture may provide
1-24 advice to the executive administrator, where appropriate, regarding
2-1 any of the duties to be performed under Subsection (b).
2-2 (j) Within 90 days of completing a water availability model
2-3 for a river basin, the commission, in coordination with the Parks
2-4 and Wildlife Department and with input from the Department of
2-5 Agriculture, where appropriate, shall determine the potential
2-6 impact of reusing municipal and industrial effluent on existing
2-7 water rights, instream uses, and freshwater inflows to bays and
2-8 estuaries. Within 30 days of making this determination, the
2-9 commission shall provide the projections to the board and each
2-10 regional water planning group created under Section 16.053 of this
2-11 code in that river basin.
2-12 SECTION 4. Subsection (d), Section 16.051, Water Code, is
2-13 amended to read as follows:
2-14 (d) The board, in coordination with the commission, the
2-15 Department of Agriculture, and the Parks and Wildlife Department,
2-16 shall adopt by rule guidance principles for the state water plan
2-17 which reflect the public interest of the entire state. When
2-18 adopting guidance principles, due consideration shall be given to
2-19 the construction and improvement of surface water resources and the
2-20 application of principles that result in voluntary redistribution
2-21 of water resources. The board shall review and update the guidance
2-22 principles, with input from the commission, the Department of
2-23 Agriculture, and the Parks and Wildlife Department, as necessary
2-24 but at least every five years to coincide with the five-year cycle
2-25 for adoption of a new water plan as described in Subsection (a).
2-26 SECTION 5. Subsection (c), Section 16.053, Water Code, is
3-1 amended to read as follows:
3-2 (c) No later than 60 days after the designation of the
3-3 regions under Subsection (b) [of this section], the board shall
3-4 designate representatives within each regional water planning area
3-5 to serve as the initial coordinating body for planning. The
3-6 initial coordinating body may [shall] then designate additional
3-7 representatives to serve on the regional water planning group. The
3-8 initial coordinating body shall designate additional
3-9 representatives if necessary to ensure[, ensuring] adequate
3-10 representation from the interests comprising that region, including
3-11 [but not limited to] the public, counties, municipalities,
3-12 industries, agricultural interests, environmental interests, small
3-13 businesses, electric generating utilities, river authorities, water
3-14 districts, and water utilities. The regional water planning group
3-15 shall maintain adequate representation from those interests. In
3-16 addition, representatives of the board, the Parks and Wildlife
3-17 Department, and the Department of Agriculture shall serve as ex
3-18 officio members of each regional water planning group.
3-19 SECTION 6. Subsection (a), Section 16.054, Water Code, is
3-20 amended to read as follows:
3-21 (a) It is the policy of the state that water resource
3-22 management, water conservation, and drought planning should occur
3-23 on an ongoing basis. The board, commission, and Parks and Wildlife
3-24 Department shall make available where appropriate technical and
3-25 financial assistance for such planning. In addition, the
3-26 Department of Agriculture may provide input and assistance, as
4-1 appropriate, for such planning.
4-2 SECTION 7. Section 17.895, Water Code, is amended by adding
4-3 Subsection (d) to read as follows:
4-4 (d) For purposes of this section, the board or lender
4-5 districts may seek the advice of the Department of Agriculture
4-6 regarding the feasibility of a project for which a conservation
4-7 loan is sought.
4-8 SECTION 8. Subsection (a), Section 26.121, Water Code, is
4-9 amended to read as follows:
4-10 (a) Except as authorized by the commission, no person may:
4-11 (1) discharge sewage, municipal waste, recreational
4-12 waste, agricultural waste, or industrial waste into or adjacent to
4-13 any water in the state;
4-14 (2) discharge other waste into or adjacent to any
4-15 water in the state which in itself or in conjunction with any other
4-16 discharge or activity causes, continues to cause, or will cause
4-17 pollution of any of the water in the state, unless the discharge
4-18 complies with a person's:
4-19 (A) certified water quality management plan
4-20 approved by the State Soil and Water Conservation Board as provided
4-21 by Section 201.026, Agriculture Code; or
4-22 (B) water pollution and abatement plan approved
4-23 by the commission; or
4-24 (3) commit any other act or engage in any other
4-25 activity which in itself or in conjunction with any other discharge
4-26 or activity causes, continues to cause, or will cause pollution of
5-1 any of the water in the state, unless the activity is under the
5-2 jurisdiction of the Parks and Wildlife Department, the General Land
5-3 Office, the Department of Agriculture, or the Railroad Commission
5-4 of Texas, in which case this subdivision does not apply.
5-5 SECTION 9. Section 26.127, Water Code, is amended to read as
5-6 follows:
5-7 Sec. 26.127. Commission as Principal Authority. (a) The
5-8 commission is the principal authority in the state on matters
5-9 relating to the quality of the water in the state. The executive
5-10 director has the responsibility for establishing a water quality
5-11 sampling and monitoring program for the state. All other state
5-12 agencies engaged in water quality or water pollution control
5-13 activities shall coordinate those activities with the commission.
5-14 (b) The executive director may, on behalf of and with the
5-15 consent of the commission, enter into contracts or other agreements
5-16 with the Department of Agriculture for purposes of obtaining
5-17 laboratory services for water quality testing.
5-18 SECTION 10. Subsection (e), Section 35.007, Water Code, is
5-19 amended to read as follows:
5-20 (e) The executive director shall request a study from the
5-21 executive director of the Parks and Wildlife Department for the
5-22 purpose of preparing the report required by this section. The
5-23 Department of Agriculture may also provide input to the executive
5-24 director for purposes of the report. The study must:
5-25 (1) evaluate the potential effects of the designation
5-26 of a priority groundwater management area on an area's natural
6-1 resources; and
6-2 (2) be completed and delivered to the executive
6-3 director on or before the 180th day following the date of the
6-4 request. If the study is not delivered within this 180-day period,
6-5 the executive director may proceed with the preparation of the
6-6 report.
6-7 SECTION 11. Subsection (d), Section 35.012, Water Code, is
6-8 amended to read as follows:
6-9 (d) The commission shall identify the areas subject to the
6-10 order of the commission issued under Subsection (b) that have not
6-11 been incorporated into a district and shall delineate proposed
6-12 boundaries of a district to include those areas. If the commission
6-13 proposes the creation of one or more districts, the Texas
6-14 Agricultural Extension Service shall begin an educational program
6-15 within such areas with the assistance and cooperation of the Texas
6-16 Water Development Board, the commission, the Department of
6-17 Agriculture, other state agencies, and existing districts to inform
6-18 the residents of the status of the area's water resources and
6-19 management options including possible formation of a district,
6-20 before beginning the procedures for creation of a district provided
6-21 in Subchapter B, Chapter 36.
6-22 SECTION 12. Subsection (d), Section 35.013, Water Code, is
6-23 amended to read as follows:
6-24 (d) If the board votes to accept the addition of the
6-25 priority groundwater management area to the district, the board:
6-26 (1) may request the Texas Agricultural Extension
7-1 Service, the commission, and the Texas Water Development Board,
7-2 with the cooperation and assistance of the Department of
7-3 Agriculture and other state agencies, to administer an educational
7-4 program to inform the residents of the status of the area's water
7-5 resources and management options including possible annexation into
7-6 a district;
7-7 (2) shall call an election within the priority
7-8 groundwater management area as delineated by the commission to
7-9 determine if the priority groundwater management area will be added
7-10 to the district; and
7-11 (3) shall designate election precincts and polling
7-12 places for the elections in the order calling an election under
7-13 this subsection.
7-14 SECTION 13. The importance of this legislation and the
7-15 crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended,
7-19 and that this Act take effect and be in force from and after its
7-20 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1310 passed the Senate on
April 15, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1310 passed the House on
May 22, 1999, by the following vote: Yeas 144, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor