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A BILL TO BE ENTITLED
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AN ACT
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relating to the state and regional water planning process and the |
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funding of projects included in the state water plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.439(a), Water Code, is amended to |
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read as follows: |
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(a) The board shall adopt rules providing for the use of |
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money in the fund that are consistent with this subchapter, |
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including rules: |
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(1) establishing standards for determining whether |
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projects meet the criteria provided by Section 15.434(b); and |
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(2) specifying the manner for prioritizing projects |
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for purposes of Sections 15.436 and [Section] 15.437. |
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SECTION 2. Section 16.051(a-1), Water Code, is amended to |
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read as follows: |
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(a-1) The state water plan must include: |
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(1) an evaluation of the state's progress in meeting |
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future water needs, including an evaluation of the extent to which |
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water management strategies and projects implemented after the |
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adoption of the preceding state water plan have affected that |
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progress; [and] |
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(2) an analysis of the number of projects included in |
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the preceding state water plan that received financial assistance |
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from the board; and |
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(3) with respect to projects included in the preceding |
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state water plan that were given a high priority by the board for |
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purposes of providing financial assistance under Subchapter G, |
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Chapter 15: |
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(A) an assessment of the extent to which the |
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projects were implemented in the decade in which they were needed; |
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and |
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(B) an analysis of any impediments to the |
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implementation of any projects that were not implemented in the |
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decade in which they were needed. |
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SECTION 3. Subchapter C, Chapter 16, Water Code, is amended |
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by adding Section 16.052 to read as follows: |
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Sec. 16.052. INTERREGIONAL PLANNING COUNCIL. (a) The |
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board, at an appropriate time in each five-year cycle for the |
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adoption of a new state water plan, shall appoint an interregional |
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planning council. The members of the council serve until a new |
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state water plan is adopted. |
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(b) The council consists of one member of each regional |
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water planning group. Each regional water planning group shall |
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nominate one or more members for appointment to the council, and the |
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board shall consider the nominations in making appointments to the |
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council. |
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(c) The purposes of the council are to: |
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(1) improve coordination among the regional water |
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planning groups, and between each regional water planning group and |
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the board, in meeting the goals of the state water planning process |
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and the water needs of the state as a whole; |
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(2) facilitate dialogue regarding water management |
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strategies that could affect multiple regional water planning |
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areas; and |
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(3) share best practices regarding operation of the |
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regional water planning process. |
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(d) The council shall: |
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(1) hold at least one public meeting; and |
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(2) prepare a report to the board on the council's |
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work. |
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SECTION 4. Section 16.053(c), Water Code, is amended to |
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read as follows: |
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(c) No later than 60 days after the designation of the |
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regions under Subsection (b), the board shall designate |
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representatives within each regional water planning area to serve |
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as the initial coordinating body for planning. The initial |
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coordinating body may then designate additional representatives to |
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serve on the regional water planning group. The initial |
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coordinating body shall designate additional representatives if |
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necessary to ensure adequate representation from the interests |
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comprising that region, including the public, counties, |
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municipalities, industries, agricultural interests, environmental |
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interests, small businesses, electric generating utilities, river |
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authorities, water districts, and water utilities. The regional |
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water planning group shall maintain adequate representation from |
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those interests. In addition, the groundwater conservation |
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districts located in each management area, as defined by Section |
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36.001, located in the regional water planning area shall appoint |
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one representative of a groundwater conservation district located |
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in the management area and in the regional water planning area to |
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serve on the regional water planning group. In addition, |
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representatives of the board, the Parks and Wildlife Department, |
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[and] the Department of Agriculture, and the State Soil and Water |
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Conservation Board shall serve as ex officio members of each |
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regional water planning group. |
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SECTION 5. Section 16.053(e), Water Code, as amended by |
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Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts |
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of the 84th Legislature, Regular Session, 2015, is reenacted and |
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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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(2-a) is consistent with the desired future conditions |
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adopted under Section 36.108 for the relevant aquifers located in |
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the regional water planning area as of the date the board most |
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recently adopted a state water plan under Section 16.051 or, at the |
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option of the regional water planning group, established subsequent |
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to the adoption of the most recent plan; provided, however, that if |
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no groundwater conservation district exists within the area of the |
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regional water planning group, the regional water planning group |
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shall determine the supply of groundwater for regional planning |
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purposes; the Texas Water Development Board shall review and |
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approve, prior to inclusion in the regional water plan, that the |
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groundwater supply for the regional planning group without a |
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groundwater conservation district in its area is physically |
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compatible, using the board's groundwater availability models, |
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with the desired future conditions adopted under Section 36.108 for |
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the relevant aquifers in the groundwater management area that are |
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regulated by groundwater conservation districts; |
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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 modeled 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; and |
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(E) unnecessary or counterproductive variations |
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in specific drought response strategies, including outdoor |
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watering restrictions, among user groups in the regional water |
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planning area that may confuse the public or otherwise impede |
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drought response efforts; |
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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 and potential |
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impacts on public health, safety, or welfare in this state; |
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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; |
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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) opportunities for and the benefits of |
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developing large-scale desalination facilities for: |
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(i) marine seawater that serve local or |
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regional entities; and |
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(ii) [(J) opportunities for and the
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benefits of developing large-scale desalination facilities for
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seawater or] brackish groundwater that serve local or regional |
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brackish groundwater production zones identified and designated |
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under Section 16.060(b)(5); |
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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; |
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(8) describes the impact of proposed water projects on |
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water quality; [and] |
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(9) includes information on: |
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(A) projected water use and conservation in the |
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regional water planning area; and |
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(B) the implementation of state and regional |
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water plan projects, including water conservation strategies, |
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necessary to meet the state's projected water demands; |
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(10) if the regional water planning area has |
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significant identified water needs, provides a specific assessment |
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of the potential for aquifer storage and recovery projects to meet |
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those needs; |
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(11) sets one or more specific goals for gallons of |
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water use per capita per day in each decade of the period covered by |
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the plan for the municipal water user groups in the regional water |
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planning area; and |
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(12) assesses the progress of the regional water |
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planning area in encouraging cooperation between water user groups |
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for the purpose of achieving economies of scale and otherwise |
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incentivizing strategies that benefit the entire region. |
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SECTION 6. Sections 16.053(h)(1), (3), (6), and (10), Water |
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Code, are amended to read as follows: |
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(1) Prior to the preparation of the regional water |
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plan, the regional water planning group shall, after notice, hold |
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at least one public meeting at some central location readily |
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accessible to the public within the regional water planning area to |
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gather suggestions and recommendations from the public as to issues |
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that should be addressed in the plan or provisions that should be |
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considered for inclusion in the plan. |
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(3) After the regional water plan is initially |
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prepared, the regional water planning group shall, after notice, |
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hold at least one public hearing at some central location readily |
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accessible to the public within the regional water planning area. |
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The group shall make copies of the plan available for public |
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inspection at least one month before the hearing by providing a copy |
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of the plan in the county courthouse and at least one public library |
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of each county having land in the region. Notice for the hearing |
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shall include a listing of these and any other location where the |
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plan is available for review. |
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(6) If an interregional conflict exists, the board |
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shall facilitate coordination between the involved regions to |
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resolve the conflict. If conflict remains, the board shall resolve |
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the conflict. On resolution of the conflict, the involved regional |
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water planning groups shall prepare revisions to their respective |
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plans and hold, after notice, at least one public hearing at some |
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central location readily accessible to the public within their |
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respective regional water planning areas. The regional water |
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planning groups shall consider all public and board comments; |
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prepare, revise, and adopt their respective plans; and submit their |
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plans to the board for approval and inclusion in the state water |
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plan. |
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(10) The regional water planning group may amend the |
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regional water plan after the plan has been approved by the board. |
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If, after the regional water plan has been approved by the board, |
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the plan includes a water management strategy or project that |
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ceases to be feasible, the regional water planning group shall |
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amend the plan to exclude that water management strategy or project |
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and shall consider amending the plan to include a feasible water |
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management strategy or project in order to meet the need that was to |
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be addressed by the infeasible water management strategy or |
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project. For purposes of this subdivision, a water management |
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strategy or project is considered infeasible if the proposed |
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sponsor of the water management strategy or project has not taken an |
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affirmative vote or other action to make expenditures necessary to |
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construct or file applications for permits required in connection |
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with the implementation of the water management strategy or project |
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under federal or state law on a schedule that is consistent with the |
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completion of the implementation of the water management strategy |
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or project by the time the water management strategy or project is |
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projected by the regional water plan or the state water plan to be |
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needed. Subdivisions (1)-(9) apply to an amendment to the plan in |
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the same manner as those subdivisions apply to the plan. |
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SECTION 7. Sections 16.053(i), (p-1), and (p-2), Water |
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Code, are amended to read as follows: |
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(i) The regional water planning groups shall submit their |
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adopted regional water plans to the board by January 5, 2001, for |
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approval and inclusion in the state water plan. In conjunction with |
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the submission of regional water plans, each planning group should |
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make legislative recommendations, if any, to facilitate more |
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voluntary water transfers in the region or for any other changes |
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that the members of the planning group believe would improve the |
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water planning process. Subsequent regional water plans shall be |
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submitted at least every five years thereafter, except that a |
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regional water planning group may elect to implement simplified |
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planning, not more often than every other five-year planning cycle |
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and in accordance with guidance provided by the board, if the group, |
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based on an analysis by the group using updated information |
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relating to groundwater and surface water availability, determines |
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that no significant changes to water availability, water supplies, |
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or water demands in the regional water planning area have occurred |
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since the most recent regional water plan was adopted. At a |
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minimum, simplified planning requires updating information in the |
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regional water plan relating to groundwater and surface water |
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availability, meeting any new statutory or other planning |
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requirements that come into effect during each five-year planning |
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cycle, and formally adopting and submitting the regional water plan |
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for approval. Public participation for revised regional plans |
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shall follow the procedures under Subsection (h). |
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(p-1) If the development board determines that resolution |
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of the conflict requires a revision of an approved regional water |
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plan, the development board shall suspend the approval of that plan |
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and provide information to the regional water planning group. The |
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regional water planning group shall prepare any revisions to its |
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plan specified by the development board and shall hold, after |
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notice, at least one public hearing at some central location |
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readily accessible to the public within the regional water planning |
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area. The regional water planning group shall consider all public |
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and development board comments, prepare, revise, and adopt its |
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plan, and submit the revised plan to the development board for |
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approval and inclusion in the state water plan. |
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(p-2) If the development board determines that resolution |
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of the conflict requires a revision of the district's approved |
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groundwater conservation district management plan, the development |
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board shall provide information to the district. The groundwater |
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district shall prepare any revisions to its plan based on the |
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information provided by the development board and shall hold, after |
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notice, at least one public hearing at some central location |
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readily accessible to the public within the district. The |
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groundwater district shall consider all public and development |
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board comments, prepare, revise, and adopt its plan, and submit the |
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revised plan to the development board. |
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SECTION 8. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 9. The Texas Water Development Board shall appoint |
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the members of the initial interregional planning council under |
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Section 16.052, Water Code, as added by this Act, not later than |
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September 1, 2018. |
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SECTION 10. This Act takes effect September 1, 2017. |