Texas 2009 - 81st Regular

Texas Senate Bill SB1406 Compare Versions

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1	1	By: Shapleigh, Watson S.B. No. 1406
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the consideration of the effects of climate variability
7	7	on water supplies in regional and state water plans.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (a), Section 16.051, Water Code, is
10	10	amended to read as follows:
11	11	(a) Not later than January 5, 2012 [2002], and before the
12	12	end of each successive five-year period after that date, the board
13	13	shall prepare, develop, formulate, and adopt a comprehensive state
14	14	water plan that incorporates the regional water plans approved
15	15	under Section 16.053. The state water plan shall provide for the
16	16	orderly development, management, and conservation of water
17	17	resources and preparation for and response to drought conditions
18	18	and the effects of climate variability, in order that sufficient
19	19	water will be available at a reasonable cost to ensure public
20	20	health, safety, and welfare; further economic development; and
21	21	protect the agricultural and natural resources of the entire state.
22	22	SECTION 2. Subsection (e), Section 16.053, Water Code, is
23	23	amended to read as follows:
24	24	(e) Each regional water planning group shall submit to the
25	25	development board a regional water plan that:
26	26	(1) is consistent with the guidance principles for the
27	27	state water plan adopted by the development board under Section
28	28	16.051(d);
29	29	(2) provides information based on data provided or
30	30	approved by the development board in a format consistent with the
31	31	guidelines provided by the development board under Subsection (d);
32	32	(3) identifies:
33	33	(A) each source of water supply in the regional
34	34	water planning area, including information supplied by the
35	35	executive administrator on the amount of managed available
36	36	groundwater in accordance with the guidelines provided by the
37	37	development board under Subsections (d) and (f);
38	38	(B) factors specific to each source of water
39	39	supply to be considered in determining whether to initiate a
40	40	drought response;
41	41	(C) actions to be taken as part of the response;
42	42	and
43	43	(D) existing major water infrastructure
44	44	facilities that may be used for interconnections in the event of an
45	45	emergency shortage of water;
46	46	(4) has specific provisions for water management
47	47	strategies to be used during a drought of record;
48	48	(5) includes but is not limited to consideration of
49	49	the following:
50	50	(A) any existing water or drought planning
51	51	efforts addressing all or a portion of the region;
52	52	(B) approved groundwater conservation district
53	53	management plans and other plans submitted under Section 16.054;
54	54	(C) all potentially feasible water management
55	55	strategies, including but not limited to improved conservation,
56	56	reuse, and management of existing water supplies, conjunctive use,
57	57	acquisition of available existing water supplies, and development
58	58	of new water supplies;
59	59	(D) protection of existing water rights in the
60	60	region;
61	61	(E) opportunities for and the benefits of
62	62	developing regional water supply facilities or providing regional
63	63	management of water supply facilities;
64	64	(F) appropriate provision for environmental
65	65	water needs and for the effect of upstream development on the bays,
66	66	estuaries, and arms of the Gulf of Mexico and the effect of plans on
67	67	navigation;
68	68	(G) provisions in Section 11.085(k)(1) if
69	69	interbasin transfers are contemplated;
70	70	(H) voluntary transfer of water within the region
71	71	using, but not limited to, regional water banks, sales, leases,
72	72	options, subordination agreements, and financing agreements; [and]
73	73	(I) emergency transfer of water under Section
74	74	11.139, including information on the part of each permit, certified
75	75	filing, or certificate of adjudication for nonmunicipal use in the
76	76	region that may be transferred without causing unreasonable damage
77	77	to the property of the nonmunicipal water rights holder; and
78	78	(J) the effects of climate variability on the
79	79	water supply in the regional water planning area;
80	80	(6) identifies river and stream segments of unique
81	81	ecological value and sites of unique value for the construction of
82	82	reservoirs that the regional water planning group recommends for
83	83	protection under Section 16.051;
84	84	(7) assesses the impact of the plan on unique river and
85	85	stream segments identified in Subdivision (6) if the regional water
86	86	planning group or the legislature determines that a site of unique
87	87	ecological value exists; and
88	88	(8) describes the impact of proposed water projects on
89	89	water quality.
90	90	SECTION 3. Subsection (e), Section 16.053, Water Code, as
91	91	amended by this Act, applies only to regional water plans required
92	92	to be submitted to the Texas Water Development Board beginning with
93	93	the plan required to be submitted by January 5, 2016.
94	94	SECTION 4. This Act takes effect September 1, 2009.