84R6874 JXC-F

By: Johnson H.B. No. 2570

A BILL TO BE ENTITLED

AN ACT

relating to the incorporation of climate and precipitation forecasts in state, regional, and local water planning.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 16.051(a), (a-1), and (d), Water Code, are amended to read as follows:

(a) Not later than January 5, 2017 [2002], and before the end of each successive five-year period after that date, the board shall prepare, develop, formulate, and adopt a comprehensive state water plan that incorporates the regional water plans approved under Section 16.053. The state water plan shall provide for the orderly development, management, and conservation of water resources and preparation for and response to drought conditions and the potential effects of climate change and precipitation changes, in order that sufficient water will be available at a reasonable cost to ensure public health, safety, and welfare; further economic development; and protect the agricultural and natural resources of the entire state.

(a-1) The state water plan must include:

(1) an evaluation of the state's progress in meeting future water needs, including an evaluation of the extent to which water management strategies and projects implemented after the adoption of the preceding state water plan have affected that progress; [and]

(2) an analysis of the number of projects included in the preceding state water plan that received financial assistance from the board; and

(3) consideration of the potential effects of climate change and precipitation changes on the water supply in this state, based on forecasts developed under Section 16.057.

(d) The board, in coordination with the commission, the Department of Agriculture, and the Parks and Wildlife Department, shall adopt by rule guidance principles for the state water plan which reflect the public interest of the entire state. When adopting guidance principles, due consideration shall be given to the construction and improvement of surface water resources, [and] the application of principles that result in voluntary redistribution of water resources, and the potential effects of climate change and precipitation changes. The board shall review and update the guidance principles, with input from the commission, the Department of Agriculture, and the Parks and Wildlife Department, as necessary but at least every five years to coincide with the five-year cycle for adoption of a new water plan as described in Subsection (a).

SECTION 2. Sections 16.053(a) and (e), Water Code, are amended to read as follows:

(a) The regional water planning group in each regional water planning area shall prepare a regional water plan, using an existing state water plan identified in Section 16.051 [of this code] and local water plans prepared under Section 16.054 [of this code] as a guide, if present, that provides for the orderly development, management, and conservation of water resources and preparation for and response to drought conditions and the potential effects of climate change and precipitation changes in order that sufficient water will be available at a reasonable cost to ensure public health, safety, and welfare; further economic development; and protect the agricultural and natural resources of that particular region.

(e) Each regional water planning group shall submit to the development board a regional water plan that:

(1) is consistent with the guidance principles for the state water plan adopted by the development board under Section 16.051(d);

(2) provides information based on data provided or approved by the development board in a format consistent with the guidelines provided by the development board under Subsection (d);

(2-a) is consistent with the desired future conditions adopted under Section 36.108 for the relevant aquifers located in the regional water planning area as of the date the board most recently adopted a state water plan under Section 16.051 or, at the option of the regional water planning group, established subsequent to the adoption of the most recent plan;

(3) identifies:

(A) each source of water supply in the regional water planning area, including information supplied by the executive administrator on the amount of modeled available groundwater in accordance with the guidelines provided by the development board under Subsections (d) and (f);

(B) factors specific to each source of water supply to be considered in determining whether to initiate a drought response;

(C) actions to be taken as part of the response; and

(D) existing major water infrastructure facilities that may be used for interconnections in the event of an emergency shortage of water;

(4) has specific provisions for water management strategies to be used during a drought of record;

(5) includes but is not limited to consideration of the following:

(A) any existing water or drought planning efforts addressing all or a portion of the region;

(B) approved groundwater conservation district management plans and other plans submitted under Section 16.054;

(C) all potentially feasible water management strategies, including but not limited to improved conservation, reuse, and management of existing water supplies, conjunctive use, acquisition of available existing water supplies, and development of new water supplies;

(D) protection of existing water rights in the region;

(E) opportunities for and the benefits of developing regional water supply facilities or providing regional management of water supply facilities;

(F) appropriate provision for environmental water needs and for the effect of upstream development on the bays, estuaries, and arms of the Gulf of Mexico and the effect of plans on navigation;

(G) provisions in Section 11.085(k)(1) if interbasin transfers are contemplated;

(H) voluntary transfer of water within the region using, but not limited to, regional water banks, sales, leases, options, subordination agreements, and financing agreements; [and]

(I) emergency transfer of water under Section 11.139, including information on the part of each permit, certified filing, or certificate of adjudication for nonmunicipal use in the region that may be transferred without causing unreasonable damage to the property of the nonmunicipal water rights holder; and

(J) the potential effects of climate change and precipitation changes on the water supply in the regional water planning area, based on forecasts developed under Section 16.057;

(6) identifies river and stream segments of unique ecological value and sites of unique value for the construction of reservoirs that the regional water planning group recommends for protection under Section 16.051;

(7) assesses the impact of the plan on unique river and stream segments identified in Subdivision (6) if the regional water planning group or the legislature determines that a site of unique ecological value exists;

(8) describes the impact of proposed water projects on water quality; and

(9) includes information on:

(A) projected water use and conservation in the regional water planning area; and

(B) the implementation of state and regional water plan projects, including water conservation strategies, necessary to meet the state's projected water demands.

SECTION 3. Subchapter C, Chapter 16, Water Code, is amended by adding Section 16.057 to read as follows:

Sec. 16.057. CLIMATE AND PRECIPITATION FORECASTS. (a) The Texas state climatologist shall periodically provide to the board for use in the water planning processes described by this subchapter climate and precipitation forecasts that are reasonably specific and use the best available science.

(b) In the process of producing a forecast under this section, the Texas state climatologist shall examine weather patterns from the 25-year period that precedes the forecast.

(c) A forecast provided to the board under this section must project climate or precipitation patterns for at least the 25-year period following the forecast.

(d) The board shall notify the Texas state climatologist of dates that are appropriate or convenient during the water planning processes described by this subchapter for the board to receive the forecasts.

(e) The board shall:

(1) provide forecasts received under this section to each regional water planning group; and

(2) make the forecasts available to entities that participate in preparing local water plans under Section 16.054.

SECTION 4. (a) It is the goal of the legislature that the 2017 state water plan required to be adopted by the Texas Water Development Board comply with this Act.

(b) Notwithstanding Subsection (a) of this section, the changes in law made by this Act apply only to a state water plan prepared by the Texas Water Development Board after the Texas state climatologist makes available the climate and precipitation forecasts required under Section 16.057, Water Code, as added by this Act. A state water plan prepared before the forecasts are available is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(c) Notwithstanding Subsection (a) of this section, the changes in law made by this Act apply only to a regional water plan submitted by a regional water planning group to the Texas Water Development Board after the Texas state climatologist makes available the climate and precipitation forecasts required under Section 16.057, Water Code, as added by this Act. A regional water plan submitted before the forecasts are available is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2015.