79R1949 RMB-D

By:  Hinojosa                                                     S.B. No. 932



A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the maintenance of adequate 
environmental flows as a goal for regional water planning.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 16.053(e), Water Code, is amended to 
read as follows:    
	(e)  Each regional water planning group shall submit to the 
board a regional water plan that:
		(1)  is consistent with the guidance principles for the 
state water plan adopted by the board under Section 16.051(d);
		(2)  provides information based on data provided or 
approved by the board in a format consistent with the guidelines 
provided by the board under Subsection (d);
		(3)  identifies:                                                              
			(A)  each source of water supply in the regional 
water planning area in accordance with the guidelines provided by 
the board under Subsections (d) and (f);
			(B)  factors specific to each source of water 
supply to be considered in determining whether to initiate a 
drought response; and
			(C)  actions to be taken as part of the response;                            
		(4)  has specific provisions for water management 
strategies to be used during a drought of record;
		(5)  includes but is not limited to consideration of 
the following:         
			(A)  any existing water or drought planning 
efforts addressing all or a portion of the region;
			(B)  certified groundwater conservation district 
management plans and other plans submitted under Section 16.054;
			(C)  all potentially feasible water management 
strategies, including but not limited to improved conservation, 
reuse, and management of existing water supplies, acquisition of 
available existing water supplies, and development of new water 
supplies;
			(D)  protection of existing water rights in the 
region;                    
			(E)  opportunities for and the benefits of 
developing regional water supply facilities or providing regional 
management of water supply facilities;
			(F)  appropriate provision for [environmental 
water needs and for] the effect of upstream development on the bays, 
estuaries, and arms of the Gulf of Mexico and the effect of plans on 
navigation;
			(G)  provisions in Section 11.085(k)(1) if 
interbasin transfers are contemplated;
			(H)  voluntary transfer of water within the region 
using, but not limited to, regional water banks, sales, leases, 
options, subordination agreements, and financing agreements; [and]
			(I)  emergency transfer of water under Section 
11.139, including information on the part of each permit, certified 
filing, or certificate of adjudication for nonmunicipal use in the 
region that may be transferred without causing unreasonable damage 
to the property of the nonmunicipal water rights holder; and
			(J)  appropriate provision, based on the 
applicable water availability model obtained or developed by the 
commission and any other available information, for the maintenance 
of adequate environmental flows, taking into account the instream 
flows necessary to support fish and wildlife and the inflows 
necessary to maintain acceptable salinity levels in and supply 
nutrients and sediments to bays and estuaries;
		(6)  identifies river and stream segments of unique 
ecological value and sites of unique value for the construction of 
reservoirs that the regional water planning group recommends for 
protection under Section 16.051;
		(7)  assesses the impact of the plan on unique river and 
stream segments identified in Subdivision (6) if the regional water 
planning group or the legislature determines that a site of unique 
ecological value exists; and
		(8)  describes the impact of proposed water projects on 
water quality.      
	SECTION 2.  The change in law made by this Act applies only 
to a regional water plan submitted by a regional water planning 
group to the Texas Water Development Board on or after the effective 
date of this Act.  A regional water plan submitted before the 
effective date of this Act is governed by the law in effect 
immediately before the effective date of this Act, and the former 
law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.