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A BILL TO BE ENTITLED
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AN ACT
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relating to the development, management, and preservation of the |
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water resources of the state; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1.01. The heading to Section 5.506, Water Code, is |
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amended to read as follows: |
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Sec. 5.506. EMERGENCY SUSPENSION OF PERMIT CONDITION |
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RELATING TO, AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET |
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ASIDE FOR, BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND |
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INSTREAM USES. |
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SECTION 1.02. Section 5.506, Water Code, is amended by |
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adding Subsection (a-1) and amending Subsections (b) and (c) to |
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read as follows: |
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(a-1) State water that is set aside by the commission to |
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meet the needs for freshwater inflows to affected bays and |
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estuaries and instream uses under Section 11.1471(a)(2) may be made |
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available temporarily for other essential beneficial uses if the |
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commission finds that an emergency exists that cannot practically |
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be resolved in another way. |
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(b) The commission must give written notice of the proposed |
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action [suspension] to the Parks and Wildlife Department before the |
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commission suspends a permit condition under Subsection (a) or |
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makes water available temporarily under Subsection (a-1) [this
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section]. The commission shall give the Parks and Wildlife |
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Department an opportunity to submit comments on the proposed action |
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[suspension] for a period of 72 hours from receipt of the notice and |
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must consider those comments before issuing an order implementing |
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the proposed action [imposing the suspension]. |
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(c) The commission may suspend a permit condition under |
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Subsection (a) or make water available temporarily under Subsection |
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(a-1) [this section] without notice except as required by |
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Subsection (b). |
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SECTION 1.03. Subsection (j), Section 5.701, Water Code, is |
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amended to read as follows: |
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(j) The fee for other uses of water not specifically named |
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in this section is $1 per acre-foot, except that no political |
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subdivision may be required to pay fees to use water for recharge of |
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underground freshwater-bearing sands and aquifers or for abatement |
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of natural pollution. A fee is not required for a water right that |
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is [This fee is waived for applications for instream-use water
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rights] deposited into the Texas Water Trust. |
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SECTION 1.04. Section 11.002, Water Code, is amended by |
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adding Subdivisions (15), (16), (17), (18), and (19) to read as |
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follows: |
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(15) "Environmental flow analysis" means the |
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application of a scientifically derived process for predicting the |
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response of an ecosystem to changes in instream flows or freshwater |
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inflows. |
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(16) "Environmental flow regime" means a schedule of |
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flow quantities that reflects seasonal and yearly fluctuations that |
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typically would vary geographically, by specific location in a |
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watershed, and that are shown to be adequate to support a sound |
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ecological environment and to maintain the productivity, extent, |
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and persistence of key aquatic habitats in and along the affected |
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water bodies. |
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(17) "Environmental flow standards" means those |
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requirements adopted by the commission under Section 11.1471. |
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(18) "Advisory group" means the environmental flows |
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advisory group. |
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(19) "Science advisory committee" means the Texas |
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environmental flows science advisory committee. |
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SECTION 1.05. Subsection (a), Section 11.023, Water Code, |
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is amended to read as follows: |
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(a) To the extent that state water has not been set aside by |
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the commission under Section 11.1471(a)(2) to meet downstream |
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instream flow needs or freshwater inflow needs, state [State] water |
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may be appropriated, stored, or diverted for: |
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(1) domestic and municipal uses, including water for |
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sustaining human life and the life of domestic animals; |
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(2) agricultural uses and industrial uses, meaning |
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processes designed to convert materials of a lower order of value |
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into forms having greater usability and commercial value, including |
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the development of power by means other than hydroelectric; |
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(3) mining and recovery of minerals; |
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(4) hydroelectric power; |
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(5) navigation; |
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(6) recreation and pleasure; |
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(7) public parks; and |
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(8) game preserves. |
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SECTION 1.06. Section 11.0235, Water Code, is amended by |
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amending Subsections (b), (c), and (e) and adding Subsections (d-1) |
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through (d-6) and (f) to read as follows: |
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(b) Maintaining the biological soundness of the state's |
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rivers, lakes, bays, and estuaries is of great importance to the |
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public's economic health and general well-being. The legislature |
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encourages voluntary water and land stewardship to benefit the |
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water in the state, as defined by Section 26.001. |
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(c) The legislature has expressly required the commission |
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while balancing all other public interests to consider and, to the |
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extent practicable, provide for the freshwater inflows and instream |
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flows necessary to maintain the viability of the state's streams, |
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rivers, and bay and estuary systems in the commission's regular |
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granting of permits for the use of state waters. As an essential |
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part of the state's environmental flows policy, all permit |
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conditions relating to freshwater inflows to affected bays and |
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estuaries and instream flow needs must be subject to temporary |
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suspension if necessary for water to be applied to essential |
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beneficial uses during emergencies. |
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(d-1) The legislature has determined that existing water |
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rights that are amended to authorize use for environmental purposes |
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should be enforced in a manner consistent with the enforcement of |
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water rights for other purposes as provided by the laws of this |
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state governing the appropriation of state water. |
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(d-2) The legislature finds that to provide certainty in |
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water management and development and to provide adequate protection |
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of the state's streams, rivers, and bays and estuaries, the state |
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must have a process with specific timelines for prompt action to |
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address environmental flow issues in the state's major basin and |
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bay systems, especially those systems in which unappropriated water |
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is still available. |
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(d-3) The legislature finds that: |
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(1) in those basins in which water is available for |
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appropriation, the commission should establish an environmental |
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set-aside below which water should not be available for |
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appropriation; and |
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(2) in those basins in which the unappropriated water |
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that will be set aside for instream flow and freshwater inflow |
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protection is not sufficient to fully satisfy the environmental |
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flow standards established by the commission, a variety of market |
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approaches, both public and private, for filling the gap must be |
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explored and pursued. |
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(d-4) The legislature finds that while the state has |
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pioneered tools to address freshwater inflow needs for bays and |
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estuaries, there are limitations to those tools in light of both |
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scientific and public policy evolution. To fully address bay and |
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estuary environmental flow issues, the foundation of work |
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accomplished by the state should be improved. While the state's |
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instream flow studies program appears to encompass a comprehensive |
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and scientific approach for establishing a process to assess |
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instream flow needs for rivers and streams across the state, more |
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extensive review and examination of the details of the program, |
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which may not be fully developed until the program is under way, are |
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needed to ensure an effective tool for evaluating riverine |
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environmental flow conditions. |
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(d-5) The legislature finds that the management of water to |
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meet instream flow and freshwater inflow needs should be evaluated |
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on a regular basis and adapted to reflect both improvements in |
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science related to environmental flows and future changes in |
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projected human needs for water. In addition, the development of |
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management strategies for addressing environmental flow needs |
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should be an ongoing, adaptive process that considers and addresses |
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local issues. |
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(d-6) The legislature finds that recommendations for state |
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action to protect instream flows and freshwater inflows should be |
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developed through a consensus-based, regional approach involving |
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balanced representation of stakeholders and that such a process |
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should be encouraged throughout the state. |
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(e) The fact that greater pressures and demands are being |
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placed on the water resources of the state makes it of paramount |
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importance to ensure [reexamine the process for ensuring] that |
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these important priorities are effectively addressed by detailing |
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how environmental flow standards are to be developed using the |
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environmental studies that have been and are to be performed by the |
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state and others and specifying in clear delegations of authority |
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how those environmental flow standards will be integrated into the |
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regional water planning and water permitting process [to the
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commission]. |
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(f) The legislature recognizes that effective |
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implementation of the approach provided by this chapter for |
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protecting instream flows and freshwater inflows will require more |
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effective water rights administration and enforcement systems than |
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are currently available in most areas of the state. |
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SECTION 1.07. Subchapter B, Chapter 11, Water Code, is |
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amended by adding Sections 11.0236, 11.02361, 11.02362, and 11.0237 |
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to read as follows: |
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Sec. 11.0236. ENVIRONMENTAL FLOWS ADVISORY GROUP. (a) In |
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recognition of the importance that the ecological soundness of our |
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riverine, bay, and estuary systems and riparian lands has on the |
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economy, health, and well-being of the state there is created the |
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environmental flows advisory group. |
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(b) The advisory group is composed of nine members as |
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follows: |
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(1) three members appointed by the governor; |
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(2) three members of the senate appointed by the |
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lieutenant governor; and |
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(3) three members of the house of representatives |
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appointed by the speaker of the house of representatives. |
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(c) Of the members appointed under Subsection (b)(1): |
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(1) one member must be a member of the commission; |
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(2) one member must be a member of the board; and |
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(3) one member must be a member of the Parks and |
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Wildlife Commission. |
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(d) Each member of the advisory group serves at the will of |
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the person who appointed the member. |
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(e) The appointed senator with the most seniority and the |
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appointed house member with the most seniority serve together as |
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co-presiding officers of the advisory group. |
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(f) A member of the advisory group is not entitled to |
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receive compensation for service on the advisory group but is |
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entitled to reimbursement of the travel expenses incurred by the |
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member while conducting the business of the advisory group, as |
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provided by the General Appropriations Act. |
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(g) The advisory group may accept gifts and grants from any |
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source to be used to carry out a function of the advisory group. |
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(h) The commission shall provide staff support for the |
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advisory group. |
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(i) The advisory group shall conduct public hearings and |
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study public policy implications for balancing the demands on the |
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water resources of the state resulting from a growing population |
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with the requirements of the riverine, bay, and estuary systems |
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including granting permits for instream flows dedicated to |
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environmental needs or bay and estuary inflows, use of the Texas |
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Water Trust, and any other issues that the advisory group |
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determines have importance and relevance to the protection of |
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environmental flows. In evaluating the options for providing |
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adequate environmental flows, the advisory group shall take notice |
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of the strong public policy imperative that exists in this state |
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recognizing that environmental flows are important to the |
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biological health of our public and private lands, streams and |
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rivers, and bay and estuary systems and are high priorities in the |
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water management process. The advisory group shall specifically |
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address: |
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(1) ways that the ecological soundness of those |
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systems will be ensured in the water rights administration and |
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enforcement and water allocation processes; and |
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(2) appropriate methods to encourage persons |
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voluntarily to convert reasonable amounts of existing water rights |
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to use for environmental flow protection temporarily or |
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permanently. |
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(j) The advisory group may adopt rules, procedures, and |
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policies as needed to administer this section, to implement its |
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responsibilities, and to exercise its authority under Sections |
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11.02361 and 11.02362. |
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(k) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the advisory group. |
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(l) Not later than December 1, 2008, and every two years |
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thereafter, the advisory group shall issue and promptly deliver to |
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the governor, lieutenant governor, and speaker of the house of |
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representatives copies of a report summarizing: |
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(1) any hearings conducted by the advisory group; |
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(2) any studies conducted by the advisory group; |
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(3) any legislation proposed by the advisory group; |
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(4) progress made in implementing Sections 11.02361 |
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and 11.02362; and |
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(5) any other findings and recommendations of the |
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advisory group. |
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(m) The advisory group is abolished on the date that the |
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commission has adopted environmental flow standards under Section |
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11.1471 for all of the river basin and bay systems in this state. |
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Sec. 11.02361. TEXAS ENVIRONMENTAL FLOWS SCIENCE ADVISORY |
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COMMITTEE. (a) The Texas environmental flows science advisory |
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committee consists of at least five but not more than nine members |
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appointed by the advisory group. |
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(b) The advisory group shall appoint to the science advisory |
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committee persons who will provide an objective perspective and |
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diverse technical expertise, including expertise in hydrology, |
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hydraulics, water resources, aquatic and terrestrial biology, |
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geomorphology, geology, water quality, computer modeling, and |
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other technical areas pertinent to the evaluation of environmental |
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flows. |
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(c) Members of the science advisory committee serve |
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five-year terms expiring March 1. A vacancy on the science advisory |
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committee is filled by appointment by the co-presiding officers of |
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the advisory group for the unexpired term. |
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(d) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the science advisory committee. |
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(e) The science advisory committee shall: |
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(1) serve as an objective scientific body to advise |
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and make recommendations to the advisory group on issues relating |
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to the science of environmental flow protection; and |
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(2) develop recommendations to help provide overall |
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direction, coordination, and consistency relating to: |
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(A) environmental flow methodologies for bay and |
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estuary studies and instream flow studies; |
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(B) environmental flow programs at the |
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commission, the Parks and Wildlife Department, and the board; and |
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(C) the work of the basin and bay expert science |
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teams described in Section 11.02362. |
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(f) To assist the advisory group to assess the extent to |
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which the recommendations of the science advisory committee are |
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considered and implemented, the commission, the Parks and Wildlife |
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Department, and the board shall provide written reports to the |
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advisory group, at intervals determined by the advisory group, that |
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describe: |
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(1) the actions taken by each agency in response to |
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each recommendation; and |
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(2) for each recommendation not implemented, the |
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reason it was not implemented. |
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(g) The science advisory committee is abolished on the date |
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the advisory group is abolished under Section 11.0236(m). |
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Sec. 11.02362. DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME |
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RECOMMENDATIONS. (a) For the purposes of this section, the |
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advisory group, not later than November 1, 2007, shall define the |
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geographical extent of each river basin and bay system in this state |
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for the sole purpose of developing environmental flow regime |
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recommendations under this section and adoption of environmental |
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flow standards under Section 11.1471. |
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(b) The advisory group shall give priority in descending |
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order to the following river basin and bay systems of the state for |
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the purpose of developing environmental flow regime |
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recommendations and adopting environmental flow standards: |
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(1) the river basin and bay system consisting of the |
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Trinity and San Jacinto Rivers and Galveston Bay and the river basin |
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and bay system consisting of the Sabine and Neches Rivers and Sabine |
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Lake Bay; |
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(2) the river basin and bay system consisting of the |
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Colorado and Lavaca Rivers and Matagorda and Lavaca Bays and the |
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river basin and bay system consisting of the Guadalupe, San |
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Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas, |
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and San Antonio Bays; and |
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(3) the river basin and bay system consisting of the |
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Nueces River and Corpus Christi and Baffin Bays, the river basin and |
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bay system consisting of the Rio Grande, the Rio Grande estuary, and |
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the Lower Laguna Madre, and the Brazos River and its associated bay |
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and estuary system. |
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(c) For the river basin and bay systems listed in Subsection |
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(b)(1): |
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(1) the advisory group shall appoint the basin and bay |
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area stakeholders committee not later than November 1, 2007; |
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(2) the basin and bay area stakeholders committee |
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shall establish a basin and bay expert science team not later than |
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March 1, 2008; |
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(3) the basin and bay expert science team shall |
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finalize environmental flow regime recommendations and submit them |
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to the basin and bay area stakeholders committee, the advisory |
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group, and the commission not later than March 1, 2009, except that |
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at the request of the basin and bay area stakeholders committee for |
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good cause shown, the advisory group may extend the deadline |
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provided by this subdivision; |
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(4) the basin and bay area stakeholders committee |
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shall submit to the commission its comments on and recommendations |
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regarding the basin and bay expert science team's recommended |
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environmental flow regime not later than September 1, 2009; and |
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(5) the commission shall adopt the environmental flow |
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standards as provided by Section 11.1471 not later than September |
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1, 2010. |
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(d) The advisory group shall appoint the basin and bay area |
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stakeholders committees for the river basin and bay systems listed |
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in Subsection (b)(2) not later than September 1, 2008, and shall |
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appoint the basin and bay area stakeholders committees for the |
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river basin and bay systems listed in Subsection (b)(3) not later |
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than September 1, 2009. The advisory group shall establish a |
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schedule for the performance of the tasks listed in Subsections |
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(c)(2) through (5) with regard to the river basin and bay systems |
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listed in Subsections (b)(2) and (3) that will result in the |
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adoption of environmental flow standards for that river basin and |
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bay system by the commission as soon as is reasonably possible. |
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Each basin and bay area stakeholders committee and basin and bay |
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expert science team for a river basin and bay system listed in |
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Subsection (b)(2) or (3) shall make recommendations to the advisory |
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group with regard to the schedule applicable to that river basin and |
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bay system. The advisory group shall consider the recommendations |
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of the basin and bay area stakeholders committee and basin and bay |
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expert science team as well as coordinate with, and give |
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appropriate consideration to the recommendations of, the |
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commission, the Parks and Wildlife Department, and the board in |
|
establishing the schedule. |
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(e) For a river basin and bay system or a river basin that |
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does not have an associated bay system in this state not listed in |
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Subsection (b), the advisory group shall establish a schedule for |
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the development of environmental flow regime recommendations and |
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the adoption of environmental flow standards. The advisory group |
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shall develop the schedule in consultation with the commission, the |
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Parks and Wildlife Department, the board, and the pertinent basin |
|
and bay area stakeholders committee and basin and bay expert |
|
science team. The advisory group may, on its own initiative or on |
|
request, modify a schedule established under this subsection to be |
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more responsive to particular circumstances, local desires, |
|
changing conditions, or time-sensitive conflicts. This subsection |
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does not prohibit, in a river basin and bay system for which the |
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advisory group has not yet established a schedule for the |
|
development of environmental flow regime recommendations and the |
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adoption of environmental flow standards, an effort to develop |
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information on environmental flow needs and ways in which those |
|
needs can be met by a voluntary consensus-building process. |
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(f) The advisory group shall appoint a basin and bay area |
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stakeholders committee for each river basin and bay system in this |
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state for which a schedule for the development of environmental |
|
flow regime recommendations and the adoption of environmental flow |
|
standards is specified by or established under Subsection (c), (d), |
|
or (e). Chapter 2110, Government Code, does not apply to the size, |
|
composition, or duration of a basin and bay area stakeholders |
|
committee. Each committee must consist of at least 17 members. The |
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membership of each committee must: |
|
(1) reflect a fair and equitable balance of interest |
|
groups concerned with the particular river basin and bay system for |
|
which the committee is established; and |
|
(2) be representative of appropriate stakeholders, |
|
including the following if they have a presence in the particular |
|
river basin and bay system for which the committee is established: |
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(A) agricultural water users, including |
|
representatives of each of the following sectors: |
|
(i) agricultural irrigation; |
|
(ii) free-range livestock; and |
|
(iii) concentrated animal feeding |
|
operation; |
|
(B) recreational water users, including coastal |
|
recreational anglers and businesses supporting water recreation; |
|
(C) municipalities; |
|
(D) soil and water conservation districts; |
|
(E) industrial water users, including |
|
representatives of each of the following sectors: |
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(i) refining; |
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(ii) chemical manufacturing; |
|
(iii) electricity generation; and |
|
(iv) production of paper products or |
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timber; |
|
(F) commercial fishermen; |
|
(G) public interest groups; |
|
(H) regional water planning groups; |
|
(I) groundwater conservation districts; |
|
(J) river authorities and other conservation and |
|
reclamation districts with jurisdiction over surface water; and |
|
(K) environmental interests. |
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(g) Members of a basin and bay area stakeholders committee |
|
serve five-year terms expiring March 1. If a vacancy occurs on a |
|
committee, the remaining members of the committee by majority vote |
|
shall appoint a member to serve the remainder of the unexpired term. |
|
(h) Meetings of a basin and bay area stakeholders committee |
|
must be open to the public. |
|
(i) Each basin and bay area stakeholders committee shall |
|
establish a basin and bay expert science team for the river basin |
|
and bay system for which the committee is established. The basin |
|
and bay expert science team must be established not later than six |
|
months after the date the basin and bay area stakeholders committee |
|
is established. Chapter 2110, Government Code, does not apply to |
|
the size, composition, or duration of a basin and bay expert science |
|
team. Each basin and bay expert science team must be composed of |
|
technical experts with special expertise regarding the river basin |
|
and bay system or regarding the development of environmental flow |
|
regimes. A person may serve as a member of more than one basin and |
|
bay expert science team at the same time. |
|
(j) The members of a basin and bay expert science team serve |
|
five-year terms expiring April 1. A vacancy on a basin and bay |
|
expert science team is filled by appointment by the pertinent basin |
|
and bay area stakeholders committee to serve the remainder of the |
|
unexpired term. |
|
(k) The science advisory committee shall appoint one of its |
|
members to serve as a liaison to each basin and bay expert science |
|
team to facilitate coordination and consistency in environmental |
|
flow activities throughout the state. The commission, the Parks |
|
and Wildlife Department, and the board shall provide technical |
|
assistance to each basin and bay expert science team, including |
|
information about the studies conducted under Sections 16.058 and |
|
16.059, and may serve as nonvoting members of the basin and bay |
|
expert science team to facilitate the development of environmental |
|
flow regime recommendations. |
|
(l) Where reasonably practicable, meetings of a basin and |
|
bay expert science team must be open to the public. |
|
(m) Each basin and bay expert science team shall develop |
|
environmental flow analyses and a recommended environmental flow |
|
regime for the river basin and bay system for which the team is |
|
established through a collaborative process designed to achieve a |
|
consensus. In developing the analyses and recommendations, the |
|
science team must consider all reasonably available science, |
|
without regard to the need for the water for other uses, and the |
|
science team's recommendations must be based solely on the best |
|
science available. For the Rio Grande below Fort Quitman, any uses |
|
attributable to Mexican water flows must be excluded from |
|
environmental flow regime recommendations. |
|
(n) Each basin and bay expert science team shall submit its |
|
environmental flow analyses and environmental flow regime |
|
recommendations to the pertinent basin and bay area stakeholders |
|
committee, the advisory group, and the commission in accordance |
|
with the applicable schedule specified by or established under |
|
Subsection (c), (d), or (e). The basin and bay area stakeholders |
|
committee and the advisory group may not change the environmental |
|
flow analyses or environmental flow regime recommendations of the |
|
basin and bay expert science team. |
|
(o) Each basin and bay area stakeholders committee shall |
|
review the environmental flow analyses and environmental flow |
|
regime recommendations submitted by the committee's basin and bay |
|
expert science team and shall consider them in conjunction with |
|
other factors, including the present and future needs for water for |
|
other uses related to water supply planning in the pertinent river |
|
basin and bay system. For the Rio Grande, the basin and bay area |
|
stakeholders committee shall also consider the water accounting |
|
requirements for any international water sharing treaty, minutes, |
|
and agreement applicable to the Rio Grande and the effects on |
|
allocation of water by the Rio Grande watermaster in the middle and |
|
lower Rio Grande. The Rio Grande basin and bay expert science team |
|
may not recommend any environmental flow regime that would result |
|
in a violation of a treaty or court decision. The basin and bay area |
|
stakeholders committee shall develop recommendations regarding |
|
environmental flow standards and strategies to meet the |
|
environmental flow standards and submit those recommendations to |
|
the commission and to the advisory group in accordance with the |
|
applicable schedule specified by or established under Subsection |
|
(c), (d), or (e). In developing its recommendations, the basin and |
|
bay area stakeholders committee shall operate on a consensus basis |
|
to the maximum extent possible. |
|
(p) In recognition of the importance of adaptive |
|
management, after submitting its recommendations regarding |
|
environmental flow standards and strategies to meet the |
|
environmental flow standards to the commission, each basin and bay |
|
area stakeholders committee, with the assistance of the pertinent |
|
basin and bay expert science team, shall prepare and submit for |
|
approval by the advisory group a work plan. The work plan must: |
|
(1) establish a periodic review of the basin and bay |
|
environmental flow analyses and environmental flow regime |
|
recommendations, environmental flow standards, and strategies, to |
|
occur at least once every 10 years; |
|
(2) prescribe specific monitoring, studies, and |
|
activities; and |
|
(3) establish a schedule for continuing the validation |
|
or refinement of the basin and bay environmental flow analyses and |
|
environmental flow regime recommendations, the environmental flow |
|
standards adopted by the commission, and the strategies to achieve |
|
those standards. |
|
(q) In accordance with the applicable schedule specified by |
|
or established under Subsection (c), (d), or (e), the advisory |
|
group, with input from the science advisory committee, shall review |
|
the environmental flow analyses and environmental flow regime |
|
recommendations submitted by each basin and bay expert science |
|
team. If appropriate, the advisory group shall submit comments on |
|
the analyses and recommendations to the commission for use by the |
|
commission in adopting rules under Section 11.1471. Comments must |
|
be submitted not later than six months after the date of receipt of |
|
the analyses and recommendations. |
|
(r) Notwithstanding the other provisions of this section, |
|
in the event the commission, by permit or order, has established an |
|
estuary advisory council with specific duties related to |
|
implementation of permit conditions for environmental flows, that |
|
council may continue in full force and effect and shall act as and |
|
perform the duties of the basin and bay area stakeholders committee |
|
under this section. The estuary advisory council shall add members |
|
from stakeholder groups and from appropriate science and technical |
|
groups, if necessary, to fully meet the criteria for membership |
|
established in Subsection (f) and shall operate under the |
|
provisions of this section. |
|
(s) Each basin and bay area stakeholders committee and basin |
|
and bay expert science team is abolished on the date the advisory |
|
group is abolished under Section 11.0236(m). |
|
Sec. 11.0237. WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO |
|
ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. (a) The commission |
|
may not issue a new permit for instream flows dedicated to |
|
environmental needs or bay and estuary inflows. The commission may |
|
approve an application to amend an existing permit or certificate |
|
of adjudication to change the use to or add a use for instream flows |
|
dedicated to environmental needs or bay and estuary inflows. |
|
(b) This section does not alter the commission's |
|
obligations under Section 11.042(b) or (c), 11.046(b), |
|
11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471, 11.1491, |
|
11.150, 11.152, 16.058, or 16.059. |
|
SECTION 1.08. Subsection (b), Section 11.082, Water Code, |
|
is amended to read as follows: |
|
(b) The state may recover the penalties prescribed in |
|
Subsection (a) [of this section] by suit brought for that purpose in |
|
a court of competent jurisdiction. The state may seek those |
|
penalties regardless of whether a watermaster has been appointed |
|
for the water division, river basin, or segment of a river basin |
|
where the unlawful use is alleged to have occurred. |
|
SECTION 1.09. Section 11.0841, Water Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) For purposes of this section, the Parks and Wildlife |
|
Department has: |
|
(1) the rights of a holder of a water right that is |
|
held in the Texas Water Trust, including the right to file suit in a |
|
civil court to prevent the unlawful use of such a right; |
|
(2) the right to act in the same manner that a holder |
|
of a water right may act to protect the holder's rights in seeking |
|
to prevent any person from appropriating water in violation of a |
|
set-aside established by the commission under Section 11.1471 to |
|
meet instream flow needs or freshwater inflow needs; and |
|
(3) the right to file suit in a civil court to prevent |
|
the unlawful use of a set-aside established under Section 11.1471. |
|
SECTION 1.10. Subsection (a), Section 11.0842, Water Code, |
|
is amended to read as follows: |
|
(a) If a person violates this chapter, a rule or order |
|
adopted under this chapter or Section 16.236 [of this code], or a |
|
permit, certified filing, or certificate of adjudication issued |
|
under this chapter, the commission may assess an administrative |
|
penalty against that person as provided by this section. The |
|
commission may assess an administrative penalty for a violation |
|
relating to a water division or a river basin or segment of a river |
|
basin regardless of whether a watermaster has been appointed for |
|
the water division or river basin or segment of the river basin. |
|
SECTION 1.11. Subsection (a), Section 11.0843, Water Code, |
|
is amended to read as follows: |
|
(a) Upon witnessing a violation of this chapter or a rule or |
|
order or a water right issued under this chapter, the executive |
|
director or a person designated by the executive director, |
|
including a watermaster or the watermaster's deputy, [as defined by
|
|
commission rule,] may issue the alleged violator a field citation |
|
alleging that a violation has occurred and providing the alleged |
|
violator the option of either: |
|
(1) without admitting to or denying the alleged |
|
violation, paying an administrative penalty in accordance with the |
|
predetermined penalty amount established under Subsection (b) [of
|
|
this section] and taking remedial action as provided in the |
|
citation; or |
|
(2) requesting a hearing on the alleged violation in |
|
accordance with Section 11.0842 [of this code]. |
|
SECTION 1.12. Subsection (b), Section 11.134, Water Code, |
|
is amended to read as follows: |
|
(b) The commission shall grant the application only if: |
|
(1) the application conforms to the requirements |
|
prescribed by this chapter and is accompanied by the prescribed |
|
fee; |
|
(2) unappropriated water is available in the source of |
|
supply; |
|
(3) the proposed appropriation: |
|
(A) is intended for a beneficial use; |
|
(B) does not impair existing water rights or |
|
vested riparian rights; |
|
(C) is not detrimental to the public welfare; |
|
(D) considers any applicable environmental flow |
|
standards established under Section 11.1471 and, if applicable, the |
|
assessments performed under Sections 11.147(d) and (e) and Sections |
|
11.150, 11.151, and 11.152; and |
|
(E) addresses a water supply need in a manner |
|
that is consistent with the state water plan and the relevant |
|
approved regional water plan for any area in which the proposed |
|
appropriation is located, unless the commission determines that |
|
conditions warrant waiver of this requirement; and |
|
(4) the applicant has provided evidence that |
|
reasonable diligence will be used to avoid waste and achieve water |
|
conservation as defined by [Subdivision (8)(B),] Section |
|
11.002(8)(B) [11.002]. |
|
SECTION 1.13. Section 11.147, Water Code, is amended by |
|
amending Subsections (b), (d), and (e) and adding Subsections |
|
(e-1), (e-2), and (e-3) to read as follows: |
|
(b) In its consideration of an application for a permit to |
|
store, take, or divert water, the commission shall assess the |
|
effects, if any, of the issuance of the permit on the bays and |
|
estuaries of Texas. For permits issued within an area that is 200 |
|
river miles of the coast, to commence from the mouth of the river |
|
thence inland, the commission shall include in the permit any |
|
conditions considered necessary to maintain beneficial inflows to |
|
any affected bay and estuary system, to the extent practicable when |
|
considering all public interests and the studies mandated by |
|
Section 16.058 as evaluated under Section 11.1491[, those
|
|
conditions considered necessary to maintain beneficial inflows to
|
|
any affected bay and estuary system]. |
|
(d) In its consideration of an application to store, take, |
|
or divert water, the commission shall include in the permit, to the |
|
extent practicable when considering all public interests, those |
|
conditions considered by the commission necessary to maintain |
|
existing instream uses and water quality of the stream or river to |
|
which the application applies. In determining what conditions to |
|
include in the permit under this subsection, the commission shall |
|
consider among other factors: |
|
(1) the studies mandated by Section 16.059; and |
|
(2) any water quality assessment performed under |
|
Section 11.150. |
|
(e) The commission shall include in the permit, to the |
|
extent practicable when considering all public interests, those |
|
conditions considered by the commission necessary to maintain fish |
|
and wildlife habitats. In determining what conditions to include |
|
in the permit under this subsection, the commission shall consider |
|
any assessment performed under Section 11.152. |
|
(e-1) Any permit for a new appropriation of water or an |
|
amendment to an existing water right that increases the amount of |
|
water authorized to be stored, taken, or diverted must include a |
|
provision allowing the commission to adjust the conditions included |
|
in the permit or amended water right to provide for protection of |
|
instream flows or freshwater inflows. With respect to an amended |
|
water right, the provision may not allow the commission to adjust a |
|
condition of the amendment other than a condition that applies only |
|
to the increase in the amount of water to be stored, taken, or |
|
diverted authorized by the amendment. This subsection does not |
|
affect an appropriation of or an authorization to store, take, or |
|
divert water under a permit or amendment to a water right issued |
|
before September 1, 2007. The commission shall adjust the |
|
conditions if the commission determines, through an expedited |
|
public comment process, that such an adjustment is appropriate to |
|
achieve compliance with applicable environmental flow standards |
|
adopted under Section 11.1471. The adjustment: |
|
(1) in combination with any previous adjustments made |
|
under this subsection may not increase the amount of the |
|
pass-through or release requirement for the protection of instream |
|
flows or freshwater inflows by more than 12.5 percent of the |
|
annualized total of that requirement contained in the permit as |
|
issued or of that requirement contained in the amended water right |
|
and applicable only to the increase in the amount of water |
|
authorized to be stored, taken, or diverted under the amended water |
|
right; |
|
(2) must be based on appropriate consideration of the |
|
priority dates and diversion locations of any other water rights |
|
granted in the same river basin that are subject to adjustment under |
|
this subsection; and |
|
(3) must be based on appropriate consideration of any |
|
voluntary contributions to the Texas Water Trust, and of any |
|
voluntary amendments to existing water rights to change the use of a |
|
specified quantity of water to or add a use of a specified quantity |
|
of water for instream flows dedicated to environmental needs or bay |
|
and estuary inflows as authorized by Section 11.0237(a), that |
|
actually contribute toward meeting the applicable environmental |
|
flow standards. |
|
(e-2) Any water right holder who makes a contribution or |
|
amends a water right as described by Subsection (e-1)(3) is |
|
entitled to appropriate credit for the benefits of the contribution |
|
or amendment against the adjustment of the holder's water right |
|
under Subsection (e-1). |
|
(e-3) Notwithstanding Subsections (b)-(e), for the purpose |
|
of determining the environmental flow conditions necessary to |
|
maintain freshwater inflows to an affected bay and estuary system, |
|
existing instream uses and water quality of a stream or river, or |
|
fish and aquatic wildlife habitats, the commission shall apply any |
|
applicable environmental flow standard, including any |
|
environmental flow set-aside, adopted under Section 11.1471 |
|
instead of considering the factors specified by those subsections. |
|
SECTION 1.14. Subchapter D, Chapter 11, Water Code, is |
|
amended by adding Section 11.1471 to read as follows: |
|
Sec. 11.1471. ENVIRONMENTAL FLOW STANDARDS AND SET-ASIDES. |
|
(a) The commission by rule shall: |
|
(1) adopt appropriate environmental flow standards |
|
for each river basin and bay system in this state that are adequate |
|
to support a sound ecological environment, to the maximum extent |
|
reasonable considering other public interests and other relevant |
|
factors; |
|
(2) establish an amount of unappropriated water, if |
|
available, to be set aside to satisfy the environmental flow |
|
standards to the maximum extent reasonable when considering human |
|
water needs; and |
|
(3) establish procedures for implementing an |
|
adjustment of the conditions included in a permit or an amended |
|
water right as provided by Sections 11.147(e-1) and (e-2). |
|
(b) In adopting environmental flow standards for a river |
|
basin and bay system under Subsection (a)(1), the commission shall |
|
consider: |
|
(1) the definition of the geographical extent of the |
|
river basin and bay system adopted by the advisory group under |
|
Section 11.02362(a) and the definition and designation of the river |
|
basin by the board under Section 16.051(c); |
|
(2) the schedule established by the advisory group |
|
under Section 11.02362(d) or (e) for the adoption of environmental |
|
flow standards for the river basin and bay system, if applicable; |
|
(3) the environmental flow analyses and the |
|
recommended environmental flow regime developed by the applicable |
|
basin and bay expert science team under Section 11.02362(m); |
|
(4) the recommendations developed by the applicable |
|
basin and bay area stakeholders committee under Section 11.02362(o) |
|
regarding environmental flow standards and strategies to meet the |
|
flow standards; |
|
(5) any comments submitted by the advisory group to |
|
the commission under Section 11.02362(q); |
|
(6) the specific characteristics of the river basin |
|
and bay system; |
|
(7) economic factors; |
|
(8) the human and other competing water needs in the |
|
river basin and bay system; |
|
(9) all reasonably available scientific information, |
|
including any scientific information provided by the science |
|
advisory committee; and |
|
(10) any other appropriate information. |
|
(c) Environmental flow standards adopted under Subsection |
|
(a)(1) must consist of a schedule of flow quantities, reflecting |
|
seasonal and yearly fluctuations that may vary geographically by |
|
specific location in a river basin and bay system. |
|
(d) As provided by Section 11.023, the commission may not |
|
issue a permit for a new appropriation or an amendment to an |
|
existing water right that increases the amount of water authorized |
|
to be stored, taken, or diverted if the issuance of the permit or |
|
amendment would impair an environmental flow set-aside established |
|
under Subsection (a)(2). A permit for a new appropriation or an |
|
amendment to an existing water right that increases the amount of |
|
water authorized to be stored, taken, or diverted that is issued |
|
after the adoption of an applicable environmental flow set-aside |
|
must contain appropriate conditions to ensure protection of the |
|
environmental flow set-aside. |
|
(e) An environmental flow set-aside established under |
|
Subsection (a)(2) for a river basin and bay system other than the |
|
middle and lower Rio Grande must be assigned a priority date |
|
corresponding to the date the commission receives environmental |
|
flow regime recommendations from the applicable basin and bay |
|
expert science team and be included in the appropriate water |
|
availability models in connection with an application for a permit |
|
for a new appropriation or for an amendment to an existing water |
|
right that increases the amount of water authorized to be stored, |
|
taken, or diverted. |
|
(f) An environmental flow standard or environmental flow |
|
set-aside adopted under Subsection (a) may be altered by the |
|
commission in a rulemaking process undertaken in accordance with a |
|
schedule established by the commission. In establishing a |
|
schedule, the commission shall consider the applicable work plan |
|
approved by the advisory group under Section 11.02362(p). The |
|
commission's schedule may not provide for the rulemaking process to |
|
occur more frequently than once every 10 years unless the work plan |
|
provides for a periodic review under Section 11.02362(p) to occur |
|
more frequently than once every 10 years. In that event, the |
|
commission may provide for the rulemaking process to be undertaken |
|
in conjunction with the periodic review if the commission |
|
determines that schedule to be appropriate. A rulemaking process |
|
undertaken under this subsection must provide for the participation |
|
of stakeholders having interests in the particular river basin and |
|
bay system for which the process is undertaken. |
|
SECTION 1.15. The heading to Section 11.148, Water Code, is |
|
amended to read as follows: |
|
Sec. 11.148. EMERGENCY SUSPENSION OF PERMIT CONDITIONS AND |
|
EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR |
|
ENVIRONMENTAL FLOWS. |
|
SECTION 1.16. Section 11.148, Water Code, is amended by |
|
adding Subsection (a-1) and amending Subsections (b) and (c) to |
|
read as follows: |
|
(a-1) State water that is set aside by the commission to |
|
meet the needs for freshwater inflows to affected bays and |
|
estuaries and instream uses under Section 11.1471(a)(2) may be made |
|
available temporarily for other essential beneficial uses if the |
|
commission finds that an emergency exists that cannot practically |
|
be resolved in another way. |
|
(b) Before the commission suspends a permit condition under |
|
Subsection (a) or makes water available temporarily under |
|
Subsection (a-1) [of this section], it must give written notice to |
|
the Parks and Wildlife Department of the proposed action |
|
[suspension]. The commission shall give the Parks and Wildlife |
|
Department an opportunity to submit comments on the proposed action |
|
[suspension] within 72 hours from such time and the commission |
|
shall consider those comments before issuing its order implementing |
|
the proposed action [imposing the suspension]. |
|
(c) The commission may suspend the permit condition under |
|
Subsection (a) or make water available temporarily under Subsection |
|
(a-1) without notice to any other interested party other than the |
|
Parks and Wildlife Department as provided by Subsection (b) [of
|
|
this section]. However, all affected persons shall be notified |
|
immediately by publication, and a hearing to determine whether the |
|
suspension should be continued shall be held within 15 days of the |
|
date on which the order to suspend is issued. |
|
SECTION 1.17. Subsection (a), Section 11.1491, Water Code, |
|
is amended to read as follows: |
|
(a) The Parks and Wildlife Department and the commission |
|
shall have joint responsibility to review the studies prepared |
|
under Section 16.058 [of this code], to determine inflow conditions |
|
necessary for the bays and estuaries, and to provide information |
|
necessary for water resources management. Each agency shall |
|
designate an employee to share equally in the oversight of the |
|
program. Other responsibilities shall be divided between the Parks |
|
and Wildlife Department and the commission to maximize present |
|
in-house capabilities of personnel and to minimize costs to the |
|
state. Each agency shall have reasonable access to all information |
|
produced by the other agency. Publication of reports completed |
|
under this section shall be submitted for comment to [both] the |
|
commission, [and] the Parks and Wildlife Department, the advisory |
|
group, the science advisory committee, and any applicable basin and |
|
bay area stakeholders committee and basin and bay expert science |
|
team. |
|
SECTION 1.18. Subsection (g), Section 11.329, Water Code, |
|
is amended to read as follows: |
|
(g) The commission may not assess costs under this section |
|
against a holder of a non-priority hydroelectric right that owns or |
|
operates privately owned facilities that collectively have a |
|
capacity of less than two megawatts or against a holder of a water |
|
right placed in the Texas Water Trust for a term of at least 20 |
|
years. [This subsection is not intended to affect in any way the
|
|
fees assessed on a water right holder by the commission under
|
|
Section 1.29(d), Chapter 626, Acts of the 73rd Legislature, Regular
|
|
Session, 1993. For purposes of Section 1.29(d), Chapter 626, Acts
|
|
of the 73rd Legislature, Regular Session, 1993, a holder of a
|
|
non-priority hydroelectric right that owns or operates privately
|
|
owned facilities that collectively have a capacity of less than two
|
|
megawatts shall be assessed fees at the same rate per acre-foot
|
|
charged to a holder of a non-priority hydroelectric right that owns
|
|
or operates privately owned facilities that collectively have a
|
|
capacity of more than two megawatts.] |
|
SECTION 1.19. Subsection (e), Section 11.404, Water Code, |
|
is amended to read as follows: |
|
(e) The court may not assess costs and expenses under this |
|
section against: |
|
(1) a holder of a non-priority hydroelectric right |
|
that owns or operates privately owned facilities that collectively |
|
have a capacity of less than two megawatts; or |
|
(2) a holder of a water right placed in the Texas Water |
|
Trust for a term of at least 20 years. |
|
SECTION 1.20. Subchapter I, Chapter 11, Water Code, is |
|
amended by adding Section 11.4531 to read as follows: |
|
Sec. 11.4531. WATERMASTER ADVISORY COMMITTEE. (a) For |
|
each river basin or segment of a river basin for which the executive |
|
director appoints a watermaster under this subchapter, the |
|
executive director shall appoint a watermaster advisory committee |
|
consisting of at least nine but not more than 15 members. A member |
|
of the advisory committee must be a holder of a water right or a |
|
representative of a holder of a water right in the river basin or |
|
segment of the river basin for which the watermaster is appointed. |
|
In appointing members to the advisory committee, the executive |
|
director shall consider: |
|
(1) geographic representation; |
|
(2) amount of water rights held; |
|
(3) different types of holders of water rights and |
|
users, including water districts, municipal suppliers, irrigators, |
|
and industrial users; and |
|
(4) experience and knowledge of water management |
|
practices. |
|
(b) An advisory committee member is not entitled to |
|
reimbursement of expenses or to compensation. |
|
(c) An advisory committee member serves a two-year term |
|
expiring August 31 of each odd-numbered year and holds office until |
|
a successor is appointed. |
|
(d) The advisory committee shall meet within 30 days after |
|
the date the initial appointments have been made and shall select a |
|
presiding officer to serve a one-year term. The committee shall |
|
meet regularly as necessary. |
|
(e) The advisory committee shall: |
|
(1) make recommendations to the executive director |
|
regarding activities of benefit to the holders of water rights in |
|
the administration and distribution of water to holders of water |
|
rights in the river basin or segment of the river basin for which |
|
the watermaster is appointed; |
|
(2) review and comment to the executive director on |
|
the annual budget of the watermaster operation; and |
|
(3) perform other advisory duties as requested by the |
|
executive director regarding the watermaster operation or as |
|
requested by holders of water rights and considered by the |
|
committee to benefit the administration of water rights in the |
|
river basin or segment of the river basin for which the watermaster |
|
is appointed. |
|
SECTION 1.21. Sections 11.454 and 11.455, Water Code, are |
|
amended to read as follows: |
|
Sec. 11.454. DUTIES AND AUTHORITY OF THE WATERMASTER. |
|
Section 11.327 applies to the duties and authority of a watermaster |
|
appointed for a river basin or segment of a river basin under this |
|
subchapter in the same manner as that section applies to the duties |
|
and authority of a watermaster appointed for a water division under |
|
Subchapter G [A watermaster as the agent of the commission and under
|
|
the executive director's supervision shall:
|
|
[(1) divide the water of the streams or other sources
|
|
of supply of his segment or basin in accordance with the authorized
|
|
water rights;
|
|
[(2) regulate or cause to be regulated the controlling
|
|
works of reservoirs and diversion works in time of water shortage,
|
|
as is necessary because of the rights existing in the streams of his
|
|
segment or basin, or as is necessary to prevent the waste of water
|
|
or its diversion, taking, storage, or use in excess of the
|
|
quantities to which the holders of water rights are lawfully
|
|
entitled; and
|
|
[(3) perform any other duties and exercise any
|
|
authority directed by the commission]. |
|
Sec. 11.455. COMPENSATION AND EXPENSES OF WATERMASTER |
|
[ASSESSMENTS]. (a) Section 11.329 applies to the payment of the |
|
compensation and expenses of a watermaster appointed for a river |
|
basin or segment of a river basin under this subchapter in the same |
|
manner as that section applies to the payment of the compensation |
|
and expenses of a watermaster appointed for a water division under |
|
Subchapter G. |
|
(b) The executive director shall deposit the assessments |
|
collected under this section to the credit of the watermaster fund. |
|
(c) Money deposited under this section to the credit of the |
|
watermaster fund may be used only for the purposes specified by |
|
Section 11.3291 with regard to the watermaster operation under this |
|
subchapter with regard to which the assessments were collected [The
|
|
commission may assess the costs of the watermaster against all
|
|
persons who hold water rights in the river basin or segment of the
|
|
river basin under the watermaster's jurisdiction in accordance with
|
|
Section 11.329 of this code]. |
|
SECTION 1.22. Subchapter F, Chapter 15, Water Code, is |
|
amended by adding Section 15.4063 to read as follows: |
|
Sec. 15.4063. ENVIRONMENTAL FLOWS FUNDING. The board may |
|
authorize the use of money in the research and planning fund: |
|
(1) to compensate the members of the Texas |
|
environmental flows science advisory committee established under |
|
Section 11.02361 for attendance and participation at meetings of |
|
the committee and for transportation, meals, lodging, or other |
|
travel expenses associated with attendance at those meetings as |
|
provided by the General Appropriations Act; |
|
(2) for contracts with cooperating state and federal |
|
agencies and universities and with private entities as necessary to |
|
provide technical assistance to enable the Texas environmental |
|
flows science advisory committee and the basin and bay expert |
|
science teams established under Section 11.02362 to perform their |
|
statutory duties; |
|
(3) to compensate the members of the basin and bay |
|
expert science teams established under Section 11.02362 for |
|
attendance and participation at meetings of the basin and bay |
|
expert science teams and for transportation, meals, lodging, or |
|
other travel expenses associated with attendance at those meetings |
|
as provided by the General Appropriations Act; and |
|
(4) for contracts with political subdivisions |
|
designated as representatives of basin and bay area stakeholders |
|
committees established under Section 11.02362 to fund all or part |
|
of the administrative expenses incurred in conducting meetings of |
|
the basin and bay area stakeholders committees or the pertinent |
|
basin and bay expert science teams. |
|
SECTION 1.23. Subsection (d), Section 16.059, Water Code, |
|
is amended to read as follows: |
|
(d) The priority studies shall be completed not later than |
|
December 31, 2016 [2010]. The Parks and Wildlife Department, the |
|
commission, and the board shall establish a work plan that |
|
prioritizes the studies and that sets interim deadlines providing |
|
for publication of flow determinations for individual rivers and |
|
streams on a reasonably consistent basis throughout the prescribed |
|
study period. Before publication, completed studies shall be |
|
submitted for comment to the commission, the board, and the Parks |
|
and Wildlife Department. |
|
SECTION 1.24. Subsection (h), Section 26.0135, Water Code, |
|
as amended by Chapters 234 and 965, Acts of the 77th Legislature, |
|
Regular Session, 2001, is reenacted and amended to read as follows: |
|
(h) The commission shall apportion, assess, and recover the |
|
reasonable costs of administering the water quality management |
|
programs under this section from users of water and wastewater |
|
permit holders in the watershed according to the records of the |
|
commission generally in proportion to their right, through permit |
|
or contract, to use water from and discharge wastewater in the |
|
watershed. Irrigation water rights, [and] non-priority |
|
hydroelectric rights of a water right holder that owns or operates |
|
privately owned facilities that collectively have a capacity of |
|
less than two megawatts, and water rights held in the Texas Water |
|
Trust for terms of at least 20 years will not be subject to this |
|
assessment. The cost to river authorities and others to conduct |
|
water quality monitoring and assessment shall be subject to prior |
|
review and approval by the commission as to methods of allocation |
|
and total amount to be recovered. The commission shall adopt rules |
|
to supervise and implement the water quality monitoring, |
|
assessment, and associated costs. The rules shall ensure that |
|
water users and wastewater dischargers do not pay excessive |
|
amounts, that program funds are equitably apportioned among basins, |
|
that a river authority may recover no more than the actual costs of |
|
administering the water quality management programs called for in |
|
this section, and that no municipality shall be assessed cost for |
|
any efforts that duplicate water quality management activities |
|
described in Section 26.177 [of this chapter]. The rules |
|
concerning the apportionment and assessment of reasonable costs |
|
shall provide for a recovery of not more than $5,000,000 annually. |
|
Costs recovered by the commission are to be deposited to the credit |
|
of the water resource management account and may be used only to |
|
accomplish the purposes of this section. The commission may apply |
|
not more than 10 percent of the costs recovered annually toward the |
|
commission's overhead costs for the administration of this section |
|
and the implementation of regional water quality assessments. The |
|
commission, with the assistance and input of each river authority, |
|
shall file a written report accounting for the costs recovered |
|
under this section with the governor, the lieutenant governor, and |
|
the speaker of the house of representatives on or before December 1 |
|
of each even-numbered year. |
|
SECTION 1.25. Subsection (b), Section 11.1491, Water Code, |
|
is repealed. |
|
SECTION 1.26. (a) The governor, lieutenant governor, and |
|
speaker of the house of representatives shall appoint the initial |
|
members of the environmental flows advisory group as provided by |
|
Section 11.0236, Water Code, as added by this article, as soon as |
|
practicable on or after the effective date of this Act. |
|
(b) As soon as practicable after taking office, the initial |
|
members of the environmental flows advisory group shall appoint the |
|
initial members of the Texas environmental flows science advisory |
|
committee as provided by Section 11.02361, Water Code, as added by |
|
this article. The terms of the initial members of the committee |
|
expire March 1, 2012. |
|
(c) The environmental flows advisory group shall appoint |
|
the members of each basin and bay area stakeholders committee as |
|
provided by Section 11.02362, Water Code, as added by this article. |
|
The terms of the initial members of each committee expire March 1 of |
|
the fifth year that begins after the year in which the initial |
|
appointments are made. |
|
(d) Each basin and bay area stakeholders committee shall |
|
appoint the members of the basin and bay expert science team for the |
|
river basin and bay system for which the committee is established as |
|
provided by Section 11.02362, Water Code, as added by this article. |
|
The terms of the initial members of each team expire April 1 of the |
|
fifth year that begins after the year in which the initial |
|
appointments are made. |
|
(e) The executive director of the Texas Commission on |
|
Environmental Quality shall appoint the members of the watermaster |
|
advisory committee under Section 11.4531, Water Code, as added by |
|
this article, for each river basin or segment of a river basin for |
|
which the executive director appoints a watermaster under |
|
Subchapter I, Chapter 11, Water Code. The terms of the initial |
|
members of each committee expire August 31 of the first |
|
odd-numbered year that begins after the year in which the initial |
|
appointments are made. |
|
SECTION 1.27. The changes in law made by this article |
|
relating to a permit for a new appropriation of water or to an |
|
amendment to an existing water right that increases the amount of |
|
water authorized to be stored, taken, or diverted apply only to: |
|
(1) water appropriated under a permit for a new |
|
appropriation of water the application for which is pending with |
|
the Texas Commission on Environmental Quality on the effective date |
|
of this Act or is filed with the commission on or after that date; or |
|
(2) the increase in the amount of water authorized to |
|
be stored, taken, or diverted under an amendment to an existing |
|
water right that increases the amount of water authorized to be |
|
stored, taken, or diverted and the application for which is pending |
|
with the Texas Commission on Environmental Quality on the effective |
|
date of this Act or is filed with the commission on or after that |
|
date. |
|
ARTICLE 2. WATER CONSERVATION AND PLANNING |
|
SECTION 2.01. Section 1.003, Water Code, is amended to read |
|
as follows: |
|
Sec. 1.003. PUBLIC POLICY. It is the public policy of the |
|
state to provide for the conservation and development of the |
|
state's natural resources, including: |
|
(1) the control, storage, preservation, and |
|
distribution of the state's storm and floodwaters and the waters of |
|
its rivers and streams for irrigation, power, and other useful |
|
purposes; |
|
(2) the reclamation and irrigation of the state's |
|
arid, semiarid, and other land needing irrigation; |
|
(3) the reclamation and drainage of the state's |
|
overflowed land and other land needing drainage; |
|
(4) the conservation and development of its forest, |
|
water, and hydroelectric power; |
|
(5) the navigation of the state's inland and coastal |
|
waters; [and] |
|
(6) the maintenance of a proper ecological environment |
|
of the bays and estuaries of Texas and the health of related living |
|
marine resources; and |
|
(7) the voluntary stewardship of public and private |
|
lands to benefit waters of the state. |
|
SECTION 2.02. Subchapter A, Chapter 1, Water Code, is |
|
amended by adding Section 1.004 to read as follows: |
|
Sec. 1.004. FINDINGS AND POLICY REGARDING LAND STEWARDSHIP. |
|
(a) The legislature finds that voluntary land stewardship |
|
enhances the efficiency and effectiveness of this state's |
|
watersheds by helping to increase surface water and groundwater |
|
supplies, resulting in a benefit to the natural resources of this |
|
state and to the general public. It is therefore the policy of this |
|
state to encourage voluntary land stewardship as a significant |
|
water management tool. |
|
(b) "Land stewardship," as used in this code, is the |
|
voluntary practice of managing land to conserve or enhance suitable |
|
landscapes and the ecosystem values of the land. Land stewardship |
|
includes land and habitat management, wildlife conservation, and |
|
watershed protection. Land stewardship practices include runoff |
|
reduction, prescribed burning, managed grazing, brush management, |
|
erosion management, reseeding with native plant species, riparian |
|
management and restoration, and spring and creek-bank protection, |
|
all of which benefit the water resources of this state. |
|
SECTION 2.03. Section 11.002, Water Code, is amended by |
|
adding Subdivision (20) to read as follows: |
|
(20) "Best management practices" means those |
|
voluntary efficiency measures developed by the commission and the |
|
board that save a quantifiable amount of water, either directly or |
|
indirectly, and that can be implemented within a specified time |
|
frame. |
|
SECTION 2.04. Subchapter E, Chapter 13, Water Code, is |
|
amended by adding Section 13.146 to read as follows: |
|
Sec. 13.146. WATER CONSERVATION PLAN. The commission shall |
|
require a retail public utility that provides potable water service |
|
to a population of 3,300 or more to submit to the executive |
|
administrator of the board a water conservation plan based on |
|
specific targets and goals developed by the retail public utility |
|
and using appropriate best management practices, as defined by |
|
Section 11.002, or other water conservation strategies. For |
|
purposes of this section, the population served by a retail public |
|
utility shall be determined on the basis of the population |
|
estimates contained in the most recent regional water plan adopted |
|
for the regional water planning area in which the retail public |
|
utility's service area is located. |
|
SECTION 2.05. Subsection (b), Section 15.102, Water Code, |
|
is amended to read as follows: |
|
(b) The loan fund may also be used by the board to provide: |
|
(1) grants or loans for projects that include |
|
supplying water and wastewater services in economically distressed |
|
areas or nonborder colonias as provided by legislative |
|
appropriations, this chapter, and board rules, including projects |
|
involving retail distribution of those services; and |
|
(2) grants for: |
|
(A) projects for which federal grant funds are |
|
placed in the loan fund; |
|
(B) projects, on specific legislative |
|
appropriation for those projects; or |
|
(C) water conservation, desalination, brush |
|
control, weather modification, regionalization, and projects |
|
providing regional water quality enhancement services as defined by |
|
board rule, including regional conveyance systems. |
|
SECTION 2.06. Subchapter Q, Chapter 15, Water Code, is |
|
amended by adding Section 15.9751 to read as follows: |
|
Sec. 15.9751. PRIORITY FOR WATER CONSERVATION. The board |
|
shall give priority to applications for funds for the |
|
implementation of water supply projects in the state water plan by |
|
entities that: |
|
(1) have already demonstrated significant water |
|
conservation savings; or |
|
(2) will achieve significant water conservation |
|
savings by implementing the proposed project for which the |
|
financial assistance is sought. |
|
SECTION 2.07. Subsection (h), Section 16.053, Water Code, |
|
is amended by adding Subdivisions (10) and (11) to read as follows: |
|
(10) The regional water planning group may amend the |
|
regional water plan after the plan has been approved by the board. |
|
Subdivisions (1)-(9) apply to an amendment to the plan in the same |
|
manner as those subdivisions apply to the plan. |
|
(11) This subdivision applies only to an amendment to |
|
a regional water plan approved by the board. This subdivision does |
|
not apply to the adoption of a subsequent regional water plan for |
|
submission to the board as required by Subsection (i). |
|
Notwithstanding Subdivision (10), the regional water planning |
|
group may amend the plan in the manner provided by this subdivision |
|
if the executive administrator determines that the amendment |
|
qualifies for adoption in the manner provided by this subdivision |
|
before the regional water planning group votes on adoption of the |
|
amendment. An amendment qualifies for adoption in the manner |
|
provided by this subdivision only if the amendment will not result |
|
in the overallocation of any existing or planned source of water, |
|
does not relate to a new reservoir, and will not have a significant |
|
effect on instream flows or freshwater inflows to bays and |
|
estuaries. If the executive administrator determines that an |
|
amendment qualifies for adoption in the manner provided by this |
|
subdivision, the regional water planning group may adopt the |
|
amendment at a public meeting held in accordance with Chapter 551, |
|
Government Code. The amendment must be placed on the agenda for the |
|
meeting, and notice of the meeting must be given in the manner |
|
provided by Chapter 551, Government Code, at least two weeks before |
|
the date the meeting is held. The public must be provided an |
|
opportunity to comment on the amendment at the meeting. |
|
SECTION 2.08. Subsection (r), Section 16.053, Water Code, |
|
as added by Chapter 1097, Acts of the 79th Legislature, Regular |
|
Session, 2005, is amended to read as follows: |
|
(r) The board by rule shall provide for reasonable |
|
flexibility to allow for a timely amendment of a regional water |
|
plan, the board's approval of an amended regional water plan, and |
|
the amendment of the state water plan. If an amendment under this |
|
subsection is[,] to facilitate planning for water supplies |
|
reasonably required for a clean coal project, as defined by Section |
|
5.001, the[. The] rules may allow for amending a regional water |
|
plan without providing notice and without a public meeting or |
|
hearing under Subsection (h) if the amendment does not: |
|
(1) significantly change the regional water plan, as |
|
reasonably determined by the board; or |
|
(2) adversely affect other water management |
|
strategies in the regional water plan. |
|
SECTION 2.09. Subchapter E, Chapter 16, Water Code, is |
|
amended by adding Section 16.1311 to read as follows: |
|
Sec. 16.1311. PRIORITY FOR WATER CONSERVATION. The board |
|
shall give priority to applications for funds for implementation of |
|
water supply projects in the state water plan by entities that: |
|
(1) have already demonstrated significant water |
|
conservation savings; or |
|
(2) will achieve significant water conservation |
|
savings by implementing the proposed project for which the |
|
financial assistance is sought. |
|
SECTION 2.10. Chapter 16, Water Code, is amended by adding |
|
Subchapter K to read as follows: |
|
SUBCHAPTER K. WATER CONSERVATION |
|
Sec. 16.401. STATEWIDE WATER CONSERVATION PUBLIC AWARENESS |
|
PROGRAM. (a) The executive administrator shall develop and |
|
implement a statewide water conservation public awareness program |
|
to educate residents of this state about water conservation. The |
|
program shall take into account the differences in water |
|
conservation needs of various geographic regions of the state and |
|
shall be designed to complement and support existing local and |
|
regional water conservation programs. |
|
(b) The executive administrator is required to develop and |
|
implement the program required by Subsection (a) in a state fiscal |
|
biennium only if the legislature appropriates sufficient money in |
|
that biennium specifically for that purpose. |
|
Sec. 16.402. WATER CONSERVATION PLAN REVIEW. (a) Each |
|
entity that is required to submit a water conservation plan to the |
|
commission under this code shall submit a copy of the plan to the |
|
executive administrator. |
|
(b) Each entity that is required to submit a water |
|
conservation plan to the executive administrator, board, or |
|
commission under this code shall report annually to the executive |
|
administrator on the entity's progress in implementing the plan. |
|
(c) The executive administrator shall review each water |
|
conservation plan and annual report to determine compliance with |
|
the minimum requirements established by Section 11.1271 and the |
|
submission deadlines developed under Subsection (e) of this |
|
section. |
|
(d) The board may notify the commission if the board |
|
determines that an entity has violated this section or a rule |
|
adopted under this section. Notwithstanding Section 7.051(b), a |
|
violation of this section or of a rule adopted under this section is |
|
enforceable in the manner provided by Chapter 7 for a violation of a |
|
provision of this code within the commission's jurisdiction or of a |
|
rule adopted by the commission under a provision of this code within |
|
the commission's jurisdiction. |
|
(e) The board and commission jointly shall adopt rules: |
|
(1) identifying the minimum requirements and |
|
submission deadlines for the annual reports required by Subsection |
|
(b); and |
|
(2) providing for the enforcement of this section and |
|
rules adopted under this section. |
|
SECTION 2.11. Section 17.125, Water Code, is amended by |
|
adding Subsection (b-2) to read as follows: |
|
(b-2) The board shall give priority to applications for |
|
funds for implementation of water supply projects in the state |
|
water plan by entities that: |
|
(1) have already demonstrated significant water |
|
conservation savings; or |
|
(2) will achieve significant water conservation |
|
savings by implementing the proposed project for which the |
|
financial assistance is sought. |
|
SECTION 2.12. Chapter 35, Water Code, is amended by adding |
|
Section 35.020 to read as follows: |
|
Sec. 35.020. PUBLIC PARTICIPATION IN GROUNDWATER MANAGEMENT |
|
PROCESS. It is the policy of the state to encourage public |
|
participation in the groundwater management process in areas within |
|
a groundwater management area not represented by a groundwater |
|
conservation district. |
|
SECTION 2.13. Subsection (b), Section 212.0101, Local |
|
Government Code, is amended to read as follows: |
|
(b) The Texas [Natural Resource Conservation] Commission on |
|
Environmental Quality by rule shall establish the appropriate form |
|
and content of a certification to be attached to a plat application |
|
under this section. |
|
SECTION 2.14. Subsection (b), Section 232.0032, Local |
|
Government Code, is amended to read as follows: |
|
(b) The Texas [Natural Resource Conservation] Commission on |
|
Environmental Quality by rule shall establish the appropriate form |
|
and content of a certification to be attached to a plat application |
|
under this section. |
|
SECTION 2.15. (a) Chapter 9, Water Code, is repealed. |
|
(b) The Texas Water Advisory Council is abolished on the |
|
effective date of this article. |
|
SECTION 2.16. Sections 15.102 and 17.125, Water Code, as |
|
amended by this article, and Sections 15.9751 and 16.1311, Water |
|
Code, as added by this article, apply only to an application for |
|
financial assistance filed with the Texas Water Development Board |
|
on or after the effective date of this article. An application for |
|
financial assistance filed before the effective date of this |
|
article is governed by the law in effect on the date the application |
|
was filed, and the former law is continued in effect for that |
|
purpose. |
|
ARTICLE 3. UNIQUE RESERVOIR SITES AND SITES OF UNIQUE ECOLOGICAL |
|
VALUE |
|
SECTION 3.01. LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) the development of new water supplies to meet the |
|
growing demand for water is necessary for the sound economic |
|
development of this state and is of concern and importance to this |
|
state; |
|
(2) feasible sites for new reservoirs are identified |
|
as having unique value in the 2006 regional water plans and the 2007 |
|
state water plan; |
|
(3) most of the proposed reservoirs are also part of |
|
recommended strategies for fulfilling identified needs in the 2007 |
|
state water plan that may occur as early as 2010 and 2020; |
|
(4) it is necessary to preempt actions that could |
|
circumvent the state's primacy over surface water in the state; and |
|
(5) designation of these sites as unique reservoir |
|
sites or river or stream segments of unique ecological value is |
|
necessary for the sound economic development of this state, for the |
|
protection of natural resources, and for the purpose of promoting |
|
the public health, safety, and general welfare of this state. |
|
SECTION 3.02. DESIGNATION OF UNIQUE RESERVOIR SITES. The |
|
legislature, as authorized by Subsection (g), Section 16.051, Water |
|
Code, designates the following sites as having unique value for the |
|
construction of a dam and reservoir and further determines that the |
|
sites are necessary to meet water supply needs: |
|
(1) Lower Bois d'Arc reservoir, to be located on Bois |
|
d'Arc Creek in Fannin County, upstream from the Caddo National |
|
Grasslands Wildlife Management Area; |
|
(2) Lake Ralph Hall reservoir, to be located on the |
|
North Sulphur River in southeast Fannin County, north of the city of |
|
Ladonia; |
|
(3) Marvin Nichols reservoir, to be located on the |
|
Sulphur River upstream from its confluence with White Oak Creek; |
|
the dam will be located in Titus and Red River Counties and the |
|
reservoir will also impound water in Franklin County; |
|
(4) Lake Fastrill reservoir, to be located on the |
|
Neches River in Anderson and Cherokee Counties, downstream from |
|
Lake Palestine; |
|
(5) Tehuacana Creek reservoir, to be located on |
|
Tehuacana Creek in Freestone County, south of the Richland-Chambers |
|
reservoir, with the two lakes to be connected by a channel; |
|
(6) Bedias reservoir, to be located on both Bedias and |
|
Caney Creeks in portions of Grimes, Madison, and Walker Counties; |
|
(7) Brushy Creek reservoir, to be located near the |
|
city of Marlin in central Falls County; |
|
(8) Little River reservoir, to be located on the |
|
Little River upstream from its confluence with the Brazos River in |
|
Milam County; |
|
(9) Little River off-channel reservoir, to be located |
|
northwest of the city of Milano in Milam County, on Beaver Creek, a |
|
tributary of the Little River; |
|
(10) Texana Stage II reservoir, also known as Palmetto |
|
Bend, to be located on the Lavaca River in Jackson County above the |
|
confluence with the Navidad River; |
|
(11) Goldthwaite channel dam reservoir, to be located |
|
on the Colorado River west of the city of Goldthwaite and downstream |
|
from the existing diversion structure; |
|
(12) Wheeler Branch off-channel reservoir, to be |
|
located on the Wheeler Branch tributary of the Paluxy River and |
|
north of the city of Glen Rose in Somervell County; |
|
(13) Cedar Ridge reservoir, to be located on the Clear |
|
Fork of the Brazos River upstream from its confluence with Paint |
|
Creek and in Throckmorton, Shackelford, and Haskell Counties; |
|
(14) Lake 07 reservoir, to be located in southeastern |
|
Lubbock County, to impound developed water resources discharged |
|
into Yellowhouse Canyon as part of the Canyon Lakes System, also |
|
known as the Jim Bertram Lake System; |
|
(15) Lake 08 reservoir, to be located in southeastern |
|
Lubbock County, to impound developed water resources discharged |
|
into Yellowhouse Canyon as part of the Canyon Lakes System, also |
|
known as the Jim Bertram Lake System; |
|
(16) Nueces off-channel reservoir, to be located west |
|
of Lake Corpus Christi in south central Live Oak County, to be |
|
linked to Lake Corpus Christi by pipeline and operated as part of |
|
the Choke Canyon-Lake Corpus Christi reservoir system; |
|
(17) Ringgold reservoir, to be located on the Little |
|
Wichita River in Clay County approximately one-half mile upstream |
|
from its confluence with the Red River; |
|
(18) Muenster reservoir, to be located on Brushy Elm |
|
Creek in western Cooke County; and |
|
(19) Brownsville Weir and reservoir, to be located on |
|
the lower Rio Grande in Cameron County; the proposed project |
|
consists of a weir structure across the channel of the river |
|
approximately eight miles downstream from the city of Brownsville. |
|
SECTION 3.03. DESIGNATION OF SITES OF UNIQUE ECOLOGICAL |
|
VALUE. The legislature, as authorized by Subsection (f), Section |
|
16.051, Water Code, designates those river or stream segment sites |
|
recommended in the 2007 state water plan as being of unique |
|
ecological value. |
|
SECTION 3.04. RESTRICTION ON ELIGIBILITY TO HOLD WATER |
|
RIGHTS; LIABILITY FOR CONSTRUCTION, OPERATION, AND MAINTENANCE |
|
COSTS. (a) This section applies only to a proposed reservoir |
|
listed in Subdivision (3), Section 3.02 of this Act, that is to be |
|
located in the Region D Regional Water Planning Area. |
|
(b) The right to appropriate at least 20 percent of the |
|
quantity of water that is authorized to be appropriated from each |
|
proposed reservoir must be held by one or more entities located in |
|
the regional water planning area in which the reservoir is to be |
|
located. |
|
(c) If one or more entities located outside the regional |
|
water planning area in which a proposed reservoir is to be located |
|
are to hold the right to appropriate a majority of the quantity of |
|
water that is authorized to be appropriated from the reservoir, |
|
that entity or those entities must pay all of the costs of |
|
constructing, operating, and maintaining the reservoir until such |
|
time as one or more entities located in the regional water planning |
|
area in which the reservoir is to be located begins diverting water. |
|
At such time, the entity or entities making a diversion shall pay a |
|
pro-rata share of the cost of operating and maintaining the |
|
reservoir. |
|
SECTION 3.05. STUDY COMMISSION ON REGION C WATER SUPPLY. |
|
(a) The Study Commission on Region C Water Supply is established. |
|
The study commission consists of six members as follows: |
|
(1) three members appointed by the Region C Regional |
|
Water Planning Group; and |
|
(2) three members appointed by the Region D Regional |
|
Water Planning Group. |
|
(b) A member of the study commission may be, but is not |
|
required to be, a voting member of the regional water planning group |
|
that appointed the member. |
|
(c) The members of the study commission shall select a |
|
presiding officer from among the members. |
|
(d) Members of the study commission are not entitled to |
|
compensation for service on the study commission but may be |
|
reimbursed for travel expenses incurred while conducting the |
|
business of the study commission, as provided for in the General |
|
Appropriations Act. |
|
(e) The study commission shall: |
|
(1) review the water supply alternatives available to |
|
the Region C Regional Water Planning Area, including obtaining |
|
additional water supply from Wright Patman Lake, Toledo Bend |
|
Reservoir, Lake Texoma, Lake o' the Pines, and other existing and |
|
proposed reservoirs; |
|
(2) in connection with the review under Subdivision |
|
(1) of this subsection, analyze the socioeconomic effect on the |
|
area where the water supply is located that would result from the |
|
use of the water to meet the water needs of the Region C Regional |
|
Water Planning Area, including: |
|
(A) the effects on landowners, agricultural and |
|
natural resources, businesses, industries, and taxing entities of |
|
different water management strategies; and |
|
(B) in connection with the use by the Region C |
|
Regional Water Planning Area of water from Wright Patman Lake, the |
|
effect on water availability in that lake and the effect on |
|
industries relying on that water availability; |
|
(3) determine whether water demand in the Region C |
|
Regional Water Planning Area may be reduced through additional |
|
conservation and reuse measures so as to postpone the need for |
|
additional water supplies; |
|
(4) evaluate measures that would need to be taken to |
|
comply with the mitigation requirements of the United States Army |
|
Corps of Engineers in connection with any proposed new reservoirs, |
|
including identifying potential mitigation sites; |
|
(5) consider whether the mitigation burden described |
|
by Subdivision (4) of this subsection may be shared by the Regions C |
|
and D Regional Water Planning Areas in proportion to the allocation |
|
to each region of water in any proposed reservoir; |
|
(6) review innovative methods of compensation to |
|
affected property owners, including royalties for water stored on |
|
acquired properties and annual payments to landowners for |
|
properties acquired for the construction of a reservoir to satisfy |
|
future water management strategies; |
|
(7) evaluate the minimum number of surface acres |
|
required for the construction of proposed reservoirs in order to |
|
develop adequate water supply; and |
|
(8) identify the locations of proposed reservoir sites |
|
in the Regions C and D Regional Water Planning Areas using satellite |
|
imagery with sufficient resolution to permit land ownership to be |
|
determined. |
|
(f) The study commission may not be assisted by any person |
|
that is a party to or is employed by a party to a contract to perform |
|
engineering work with respect to site selection, permitting, |
|
design, or construction of the proposed Marvin Nichols reservoir. |
|
(g) The Texas Water Development Board, on request of the |
|
study commission, may provide staff support or other assistance |
|
necessary to enable the study commission to carry out its duties. |
|
The Texas Water Development Board shall provide funding for the |
|
study commission, including funding of any studies conducted by the |
|
study commission, from the regional planning budget of the board. |
|
(h) Not later than December 1, 2010, the study commission |
|
shall deliver a report to the governor, lieutenant governor, and |
|
speaker of the house of representatives that includes: |
|
(1) any studies completed by the study commission; |
|
(2) any legislation proposed by the study commission; |
|
(3) a recommendation as to whether Marvin Nichols |
|
should remain a designated reservoir site; and |
|
(4) other findings and recommendations of the study |
|
commission. |
|
(i) The study commission is abolished and this section |
|
expires December 31, 2011. |
|
SECTION 3.06. EFFECTIVE DATE. This article takes effect |
|
immediately if this Act receives a vote of two-thirds of all the |
|
members elected to each house, as provided by Section 39, Article |
|
III, Texas Constitution. If this Act does not receive the vote |
|
necessary for immediate effect, this article takes effect September |
|
1, 2007. |
|
ARTICLE 4. LEGISLATIVE JOINT INTERIM COMMITTEE |
|
SECTION 4.01. (a) In this section, "committee" means the |
|
joint interim committee on state water funding. |
|
(b) The committee is composed of eight members as follows: |
|
(1) the chair of the Senate Committee on Natural |
|
Resources and the chair of the House Committee on Natural Resources |
|
who shall serve as joint chairs of the committee; |
|
(2) three members of the senate appointed by the |
|
lieutenant governor; and |
|
(3) three members of the house of representatives |
|
appointed by the speaker of the house of representatives. |
|
(c) An appointed member of the committee serves at the |
|
pleasure of the appointing official. |
|
(d) The committee shall meet at least annually with the |
|
executive director of the Texas Commission on Environmental Quality |
|
and the executive administrator of the Texas Water Development |
|
Board to: |
|
(1) receive information on water infrastructure needs |
|
as identified in the state water plan; |
|
(2) receive information on infrastructure cost and |
|
funding options to be used by local entities to meet the needs |
|
identified in the state water plan; |
|
(3) receive analyses of the funding gap and |
|
recommendations on how to address those funding needs; |
|
(4) receive information on whether all water fees |
|
assessed are sufficient to support the required regulatory |
|
water-related state program functions and activities; and |
|
(5) identify viable, sustainable, dedicated revenues |
|
and fee sources, or increases to existing revenue and fees, to |
|
support state water programs and to provide for natural resources |
|
data collection and dissemination, financial assistance programs, |
|
and water resources planning, including funding to implement water |
|
management strategies in the state water plan. |
|
(e) The committee may hold hearings and may request reports |
|
and other information from state agencies as necessary to carry out |
|
this section. |
|
(f) The Senate Committee on Natural Resources and the House |
|
Committee on Natural Resources shall provide staff necessary for |
|
the committee to fulfill its duties. |
|
(g) Not later than December 1, 2008, the committee shall |
|
report to the governor, the lieutenant governor, and the speaker of |
|
the house of representatives on the committee's activities under |
|
Subsection (d) of this section. The report shall include |
|
recommendations of any legislative action necessary to address |
|
funding needs to support the state's water programs and water |
|
infrastructure needs. |
|
ARTICLE 5. EFFECTIVE DATE |
|
SECTION 5.01. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2007. |