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SECTION 1. Section
16.053(e), Water Code, as amended by Chapters 756 (H.B. 2031), 990 (H.B.
30), and 1180 (S.B. 1101), Acts of the 84th Legislature, Regular Session,
2015, is reenacted and amended to read as follows:
(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 most
recently 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;] provided, however, that if no
groundwater conservation district exists within the area of the regional
water planning group, the regional water planning group shall determine the
supply of groundwater for regional planning purposes; the Texas Water
Development Board shall review and approve, prior to inclusion in the
regional water plan, that the groundwater supply for the regional planning
group without a groundwater conservation district in its area is physically
compatible, using the board's groundwater availability models, with the
desired future conditions adopted under Section 36.108 for the relevant
aquifers in the groundwater management area that are regulated by
groundwater conservation districts;
(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 and
potential impacts on public health, safety, or welfare in this state;
(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;
(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) opportunities for and
the benefits of developing large-scale desalination facilities for:
(i) marine seawater
that serve local or regional entities; and
(ii) [(J)
opportunities for and the benefits of developing large-scale desalination
facilities for] seawater or brackish groundwater that serve local or
regional brackish groundwater production zones identified and designated
under Section 16.060(b)(5);
(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.
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SECTION 1. Section
16.053(e), Water Code, as amended by Chapters 756 (H.B. 2031), 990 (H.B.
30), and 1180 (S.B. 1101), Acts of the 84th Legislature, Regular Session,
2015, is reenacted and amended to read as follows:
(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 most recent deadline for [date]
the board to adopt the [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;
provided, however, that if no groundwater conservation district exists
within the area of the regional water planning group, the regional water
planning group shall determine the supply of groundwater for regional
planning purposes; the Texas Water Development Board shall review and
approve, prior to inclusion in the regional water plan, that the groundwater
supply for the regional planning group without a groundwater conservation
district in its area is physically compatible, using the board's
groundwater availability models, with the desired future conditions adopted
under Section 36.108 for the relevant aquifers in the groundwater
management area that are regulated by groundwater conservation districts;
(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 and
potential impacts on public health, safety, or welfare in this state;
(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;
(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) opportunities for and
the benefits of developing large-scale desalination facilities for:
(i) marine seawater
that serve local or regional entities; and
(ii) [(J)
opportunities for and the benefits of developing large-scale desalination
facilities for] seawater or brackish groundwater that serve local or
regional brackish groundwater production zones identified and designated
under Section 16.060(b)(5);
(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.
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SECTION 2. Sections
36.108(d) and (d-3), Water Code, are amended to read as follows:
(d) The [Not later than September 1, 2010,
and every five years thereafter, the] districts shall consider groundwater
availability models and other data or information for the management area
and shall propose for adoption desired future conditions for the relevant
aquifers within the management area. Before voting on the proposed desired
future conditions of the aquifers under Subsection (d-2), the districts
shall consider:
(1) aquifer uses or
conditions within the management area, including conditions that differ
substantially from one geographic area to another;
(2) the water supply needs
and water management strategies included in the state water plan;
(3) hydrological conditions,
including for each aquifer in the management area the total estimated
recoverable storage as provided by the executive administrator, and the
average annual recharge, inflows, and discharge;
(4) other environmental impacts,
including impacts on spring flow and other interactions between groundwater
and surface water;
(5) the impact on
subsidence;
(6) socioeconomic impacts
reasonably expected to occur;
(7) the impact on the
interests and rights in private property, including ownership and the
rights of management area landowners and their lessees and assigns in
groundwater as recognized under Section 36.002;
(8) the feasibility of
achieving the desired future condition; and
(9) any other information
relevant to the specific desired future conditions.
No
equivalent provision.
(d-3) After the earlier of the date on which all
the districts have submitted their district summaries or the expiration of the public comment period
under Subsection (d-2),
the district representatives
shall reconvene to review the reports and [,] consider any
district's suggested revisions to the proposed desired future conditions. Not later than January 5, 2022, the district
representatives shall [, and] finally adopt the desired
future conditions for the management area. Subsequent desired future conditions shall be proposed and
finally adopted by the district representatives before the end of each
successive five-year period after that date. The desired future
conditions must be adopted as a
resolution by a two-thirds vote of all the district representatives.
The district representatives
shall produce a desired future conditions explanatory report for the
management area and submit to the development board and each district in
the management area proof that notice was posted for the joint planning
meeting, a copy of the resolution, and a copy of the explanatory report.
The report must:
(1) identify each desired
future condition;
(2) provide the policy and
technical justifications for each desired future condition;
(3) include documentation
that the factors under Subsection (d) were considered by the districts and
a discussion of how the adopted desired future conditions impact each factor;
(4) list other desired
future condition options considered, if any, and the reasons why those
options were not adopted; and
(5) discuss reasons why
recommendations made by advisory committees and relevant public comments
received by the districts were or were not incorporated into the desired
future conditions.
No
equivalent provision.
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SECTION 2. Sections
36.108(d), (d-2), (d-3), and (d-4), Water Code, are amended to read as
follows:
(d) Not later than May 1, 2021 [September 1, 2010],
and every five years thereafter, the districts shall consider
groundwater availability models and other data or information for the
management area and shall propose for adoption desired future conditions
for the relevant aquifers within the management area. Before voting on the
proposed desired future conditions of the aquifers under Subsection (d-2),
the districts shall consider:
(1) aquifer uses or
conditions within the management area, including conditions that differ
substantially from one geographic area to another;
(2) the water supply needs
and water management strategies included in the state water plan;
(3) hydrological conditions,
including for each aquifer in the management area the total estimated
recoverable storage as provided by the executive administrator, and the
average annual recharge, inflows, and discharge;
(4) other environmental
impacts, including impacts on spring flow and other interactions between
groundwater and surface water;
(5) the impact on
subsidence;
(6) socioeconomic impacts
reasonably expected to occur;
(7) the impact on the
interests and rights in private property, including ownership and the
rights of management area landowners and their lessees and assigns in
groundwater as recognized under Section 36.002;
(8) the feasibility of
achieving the desired future condition; and
(9) any other information
relevant to the specific desired future conditions.
(d-2) The desired future
conditions proposed under Subsection (d) must provide a balance between the
highest practicable level of groundwater production and the conservation,
preservation, protection, recharging, and prevention of waste of
groundwater and control of subsidence in the management area. This
subsection does not prohibit the establishment of desired future conditions
that provide for the reasonable long-term management of groundwater
resources consistent with the management goals under Section 36.1071(a).
The desired future conditions proposed under Subsection (d) must be
approved by a two-thirds vote of all the district representatives for
distribution to the districts in the management area. A period of not less
than 90 days for public comments begins on the day the proposed desired
future conditions are mailed to the districts. During the public comment
period and after posting notice as required by Section 36.063, each
district shall hold a public hearing on any proposed desired future
conditions relevant to that district. During the public comment period, the
district shall make available in its office a copy of the proposed desired
future conditions and any supporting materials, such as the documentation
of factors considered under Subsection (d) and groundwater availability
model run results. After the close of the public comment period
[hearing], the district shall compile for consideration at the next
joint planning meeting a summary of relevant comments received, any
suggested revisions to the proposed desired future conditions, and the
basis for the revisions.
(d-3) After [the earlier of the date on which]
all the districts have submitted their district summaries [or the expiration of the public comment
period under Subsection (d-2)], the district representatives
shall reconvene to review the reports, consider any district's suggested
revisions to the proposed desired future conditions, and
finally adopt the desired
future conditions for the management area.
The desired future conditions
must be approved by [adopted as] a resolution adopted by a two-thirds vote of all
the district representatives not
later than January 5, 2022. Subsequent desired future conditions must be
proposed and finally adopted by the district representatives before the end
of each successive five-year period after that date. The
district representatives shall produce a desired future conditions
explanatory report for the management area and submit to the development
board and each district in the management area proof that notice was posted
for the joint planning meeting, a copy of the resolution, and a copy of the
explanatory report. The report must:
(1) identify each desired
future condition;
(2) provide the policy and
technical justifications for each desired future condition;
(3) include documentation
that the factors under Subsection (d) were considered by the districts and
a discussion of how the adopted desired future conditions impact each
factor;
(4) list other desired
future condition options considered, if any, and the reasons why those
options were not adopted; and
(5) discuss reasons why
recommendations made by advisory committees and relevant public comments
received by the districts were or were not incorporated into the desired
future conditions.
(d-4) After [As
soon as possible after] a district receives notification from the
Texas Water Development Board that the desired future conditions
resolution and explanatory report under Subsection (d-3) are
administratively complete, the district shall adopt the applicable
desired future conditions in the resolution and report [that apply to
the district].
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