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