1-1 By: Brown S.B. No. 1310
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 6, 1999, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 6, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to providing for representation of agricultural interests
1-9 in water resource planning and management.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (h), Section 15.4061, Water Code, is
1-12 amended to read as follows:
1-13 (h) The board shall require that regional water plans
1-14 developed or revised under contracts entered into under this
1-15 section be made available to the commission, the Department of
1-16 Agriculture, and the Parks and Wildlife Department.
1-17 SECTION 2. Subsection (c), Section 15.7031, Water Code, is
1-18 amended to read as follows:
1-19 (c) The dedication of any water rights placed in trust must
1-20 be reviewed and approved by the commission, in consultation with
1-21 the board and the Parks and Wildlife Department. In addition, the
1-22 Department of Agriculture may provide input to the commission, as
1-23 appropriate, during the review and approval process for dedication
1-24 of water rights.
1-25 SECTION 3. Subsections (c) and (j), Section 16.012, Water
1-26 Code, are amended to read as follows:
1-27 (c) In performing the duties required under Subdivisions
1-28 (1), (4), (5), (6), and (7) of Subsection (b), the executive
1-29 administrator shall consider advice from the Parks and Wildlife
1-30 Department. In addition, the Department of Agriculture may provide
1-31 advice to the executive administrator, where appropriate, regarding
1-32 any of the duties to be performed under Subsection (b).
1-33 (j) Within 90 days of completing a water availability model
1-34 for a river basin, the commission, in coordination with the Parks
1-35 and Wildlife Department and with input from the Department of
1-36 Agriculture, where appropriate, shall determine the potential
1-37 impact of reusing municipal and industrial effluent on existing
1-38 water rights, instream uses, and freshwater inflows to bays and
1-39 estuaries. Within 30 days of making this determination, the
1-40 commission shall provide the projections to the board and each
1-41 regional water planning group created under Section 16.053 of this
1-42 code in that river basin.
1-43 SECTION 4. Subsection (d), Section 16.051, Water Code, is
1-44 amended to read as follows:
1-45 (d) The board, in coordination with the commission, the
1-46 Department of Agriculture, and the Parks and Wildlife Department,
1-47 shall adopt by rule guidance principles for the state water plan
1-48 which reflect the public interest of the entire state. When
1-49 adopting guidance principles, due consideration shall be given to
1-50 the construction and improvement of surface water resources and the
1-51 application of principles that result in voluntary redistribution
1-52 of water resources. The board shall review and update the guidance
1-53 principles, with input from the commission, the Department of
1-54 Agriculture, and the Parks and Wildlife Department, as necessary
1-55 but at least every five years to coincide with the five-year cycle
1-56 for adoption of a new water plan as described in Subsection (a).
1-57 SECTION 5. Subsection (c), Section 16.053, Water Code, is
1-58 amended to read as follows:
1-59 (c) No later than 60 days after the designation of the
1-60 regions under Subsection (b) [of this section], the board shall
1-61 designate representatives within each regional water planning area
1-62 to serve as the initial coordinating body for planning. The
1-63 initial coordinating body may [shall] then designate additional
1-64 representatives to serve on the regional water planning group. The
2-1 initial coordinating body shall designate additional
2-2 representatives if necessary to ensure[, ensuring] adequate
2-3 representation from the interests comprising that region, including
2-4 [but not limited to] the public, counties, municipalities,
2-5 industries, agricultural interests, environmental interests, small
2-6 businesses, electric generating utilities, river authorities, water
2-7 districts, and water utilities. The regional water planning group
2-8 shall maintain adequate representation from those interests. In
2-9 addition, representatives of the board, the Parks and Wildlife
2-10 Department, and the Department of Agriculture shall serve as ex
2-11 officio members of each regional water planning group.
2-12 SECTION 6. Subsection (a), Section 16.054, Water Code, is
2-13 amended to read as follows:
2-14 (a) It is the policy of the state that water resource
2-15 management, water conservation, and drought planning should occur
2-16 on an ongoing basis. The board, commission, and Parks and Wildlife
2-17 Department shall make available where appropriate technical and
2-18 financial assistance for such planning. In addition, the
2-19 Department of Agriculture may provide input and assistance, as
2-20 appropriate, for such planning.
2-21 SECTION 7. Section 17.895, Water Code, is amended by adding
2-22 Subsection (d) to read as follows:
2-23 (d) For purposes of this section, the board or lender
2-24 districts may seek the advice of the Department of Agriculture
2-25 regarding the feasibility of a project for which a conservation
2-26 loan is sought.
2-27 SECTION 8. Subsection (a), Section 26.121, Water Code, is
2-28 amended to read as follows:
2-29 (a) Except as authorized by the commission, no person may:
2-30 (1) discharge sewage, municipal waste, recreational
2-31 waste, agricultural waste, or industrial waste into or adjacent to
2-32 any water in the state;
2-33 (2) discharge other waste into or adjacent to any
2-34 water in the state which in itself or in conjunction with any other
2-35 discharge or activity causes, continues to cause, or will cause
2-36 pollution of any of the water in the state, unless the discharge
2-37 complies with a person's:
2-38 (A) certified water quality management plan
2-39 approved by the State Soil and Water Conservation Board as provided
2-40 by Section 201.026, Agriculture Code; or
2-41 (B) water pollution and abatement plan approved
2-42 by the commission; or
2-43 (3) commit any other act or engage in any other
2-44 activity which in itself or in conjunction with any other discharge
2-45 or activity causes, continues to cause, or will cause pollution of
2-46 any of the water in the state, unless the activity is under the
2-47 jurisdiction of the Parks and Wildlife Department, the General Land
2-48 Office, the Department of Agriculture, or the Railroad Commission
2-49 of Texas, in which case this subdivision does not apply.
2-50 SECTION 9. Section 26.127, Water Code, is amended to read as
2-51 follows:
2-52 Sec. 26.127. Commission as Principal Authority. (a) The
2-53 commission is the principal authority in the state on matters
2-54 relating to the quality of the water in the state. The executive
2-55 director has the responsibility for establishing a water quality
2-56 sampling and monitoring program for the state. All other state
2-57 agencies engaged in water quality or water pollution control
2-58 activities shall coordinate those activities with the commission.
2-59 (b) The executive director may, on behalf of and with the
2-60 consent of the commission, enter into contracts or other agreements
2-61 with the Department of Agriculture for purposes of obtaining
2-62 laboratory services for water quality testing.
2-63 SECTION 10. Subsection (e), Section 35.007, Water Code, is
2-64 amended to read as follows:
2-65 (e) The executive director shall request a study from the
2-66 executive director of the Parks and Wildlife Department for the
2-67 purpose of preparing the report required by this section. The
2-68 Department of Agriculture may also provide input to the executive
2-69 director for purposes of the report. The study must:
3-1 (1) evaluate the potential effects of the designation
3-2 of a priority groundwater management area on an area's natural
3-3 resources; and
3-4 (2) be completed and delivered to the executive
3-5 director on or before the 180th day following the date of the
3-6 request. If the study is not delivered within this 180-day period,
3-7 the executive director may proceed with the preparation of the
3-8 report.
3-9 SECTION 11. Subsection (d), Section 35.012, Water Code, is
3-10 amended to read as follows:
3-11 (d) The commission shall identify the areas subject to the
3-12 order of the commission issued under Subsection (b) that have not
3-13 been incorporated into a district and shall delineate proposed
3-14 boundaries of a district to include those areas. If the commission
3-15 proposes the creation of one or more districts, the Texas
3-16 Agricultural Extension Service shall begin an educational program
3-17 within such areas with the assistance and cooperation of the Texas
3-18 Water Development Board, the commission, the Department of
3-19 Agriculture, other state agencies, and existing districts to inform
3-20 the residents of the status of the area's water resources and
3-21 management options including possible formation of a district,
3-22 before beginning the procedures for creation of a district provided
3-23 in Subchapter B, Chapter 36.
3-24 SECTION 12. Subsection (d), Section 35.013, Water Code, is
3-25 amended to read as follows:
3-26 (d) If the board votes to accept the addition of the
3-27 priority groundwater management area to the district, the board:
3-28 (1) may request the Texas Agricultural Extension
3-29 Service, the commission, and the Texas Water Development Board,
3-30 with the cooperation and assistance of the Department of
3-31 Agriculture and other state agencies, to administer an educational
3-32 program to inform the residents of the status of the area's water
3-33 resources and management options including possible annexation into
3-34 a district;
3-35 (2) shall call an election within the priority
3-36 groundwater management area as delineated by the commission to
3-37 determine if the priority groundwater management area will be added
3-38 to the district; and
3-39 (3) shall designate election precincts and polling
3-40 places for the elections in the order calling an election under
3-41 this subsection.
3-42 SECTION 13. The importance of this legislation and the
3-43 crowded condition of the calendars in both houses create an
3-44 emergency and an imperative public necessity that the
3-45 constitutional rule requiring bills to be read on three several
3-46 days in each house be suspended, and this rule is hereby suspended,
3-47 and that this Act take effect and be in force from and after its
3-48 passage, and it is so enacted.
3-49 * * * * *