81R4769 TRH-D
By: Shapleigh S.B. No. 1406
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of the effects of climate variability
on water supplies in regional and state water plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.051, Water Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Not later than January 5, 2012 [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 effects of climate variability, 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.
(b-1) Until the board adopts a new state water plan under
Subsection (a), the state water plan adopted by the board on
November 14, 2006, shall be a guide to state water policy, and the
commission shall take the plan into consideration in matters coming
before it. This subsection expires January 5, 2012.
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 effects
of climate variability 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);
(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 managed 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 effects of climate variability on the
water supply in the regional water planning area;
(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; and
(8) describes the impact of proposed water projects on
water quality.
SECTION 3. This Act takes effect September 1, 2009.