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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of the effects of climate variability |
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on water supplies in regional and state water plans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 16.051, Water Code, is |
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amended to read as follows: |
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(a) Not later than January 5, 2012 [2002], and before the |
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end of each successive five-year period after that date, the board |
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shall prepare, develop, formulate, and adopt a comprehensive state |
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water plan that incorporates the regional water plans approved |
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under Section 16.053. The state water plan shall provide for the |
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orderly development, management, and conservation of water |
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resources and preparation for and response to drought conditions |
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and the effects of climate variability, in order that sufficient |
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water will be available at a reasonable cost to ensure public |
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health, safety, and welfare; further economic development; and |
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protect the agricultural and natural resources of the entire state. |
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SECTION 2. Subsection (e), Section 16.053, Water Code, is |
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amended to read as follows: |
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(e) Each regional water planning group shall submit to the |
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development board a regional water plan that: |
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(1) is consistent with the guidance principles for the |
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state water plan adopted by the development board under Section |
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16.051(d); |
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(2) provides information based on data provided or |
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approved by the development board in a format consistent with the |
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guidelines provided by the development board under Subsection (d); |
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(3) identifies: |
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(A) each source of water supply in the regional |
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water planning area, including information supplied by the |
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executive administrator on the amount of managed available |
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groundwater in accordance with the guidelines provided by the |
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development board under Subsections (d) and (f); |
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(B) factors specific to each source of water |
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supply to be considered in determining whether to initiate a |
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drought response; |
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(C) actions to be taken as part of the response; |
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and |
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(D) existing major water infrastructure |
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facilities that may be used for interconnections in the event of an |
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emergency shortage of water; |
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(4) has specific provisions for water management |
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strategies to be used during a drought of record; |
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(5) includes but is not limited to consideration of |
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the following: |
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(A) any existing water or drought planning |
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efforts addressing all or a portion of the region; |
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(B) approved groundwater conservation district |
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management plans and other plans submitted under Section 16.054; |
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(C) all potentially feasible water management |
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strategies, including but not limited to improved conservation, |
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reuse, and management of existing water supplies, conjunctive use, |
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acquisition of available existing water supplies, and development |
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of new water supplies; |
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(D) protection of existing water rights in the |
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region; |
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(E) opportunities for and the benefits of |
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developing regional water supply facilities or providing regional |
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management of water supply facilities; |
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(F) appropriate provision for environmental |
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water needs and for the effect of upstream development on the bays, |
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estuaries, and arms of the Gulf of Mexico and the effect of plans on |
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navigation; |
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(G) provisions in Section 11.085(k)(1) if |
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interbasin transfers are contemplated; |
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(H) voluntary transfer of water within the region |
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using, but not limited to, regional water banks, sales, leases, |
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options, subordination agreements, and financing agreements; [and] |
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(I) emergency transfer of water under Section |
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11.139, including information on the part of each permit, certified |
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filing, or certificate of adjudication for nonmunicipal use in the |
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region that may be transferred without causing unreasonable damage |
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to the property of the nonmunicipal water rights holder; and |
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(J) the effects of climate variability on the |
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water supply in the regional water planning area; |
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(6) identifies river and stream segments of unique |
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ecological value and sites of unique value for the construction of |
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reservoirs that the regional water planning group recommends for |
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protection under Section 16.051; |
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(7) assesses the impact of the plan on unique river and |
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stream segments identified in Subdivision (6) if the regional water |
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planning group or the legislature determines that a site of unique |
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ecological value exists; and |
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(8) describes the impact of proposed water projects on |
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water quality. |
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SECTION 3. Subsection (e), Section 16.053, Water Code, as |
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amended by this Act, applies only to regional water plans required |
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to be submitted to the Texas Water Development Board beginning with |
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the plan required to be submitted by January 5, 2016. |
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SECTION 4. This Act takes effect September 1, 2009. |