Texas 2015 - 84th Regular

Texas House Bill HB2570 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6874 JXC-F
2	2	By: Johnson H.B. No. 2570
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the incorporation of climate and precipitation
8	8	forecasts in state, regional, and local water planning.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 16.051(a), (a-1), and (d), Water Code,
11	11	are amended to read as follows:
12	12	(a) Not later than January 5, 2017 [2002], and before the
13	13	end of each successive five-year period after that date, the board
14	14	shall prepare, develop, formulate, and adopt a comprehensive state
15	15	water plan that incorporates the regional water plans approved
16	16	under Section 16.053. The state water plan shall provide for the
17	17	orderly development, management, and conservation of water
18	18	resources and preparation for and response to drought conditions
19	19	and the potential effects of climate change and precipitation
20	20	changes, in order that sufficient water will be available at a
21	21	reasonable cost to ensure public health, safety, and welfare;
22	22	further economic development; and protect the agricultural and
23	23	natural resources of the entire state.
24	24	(a-1) The state water plan must include:
25	25	(1) an evaluation of the state's progress in meeting
26	26	future water needs, including an evaluation of the extent to which
27	27	water management strategies and projects implemented after the
28	28	adoption of the preceding state water plan have affected that
29	29	progress; [and]
30	30	(2) an analysis of the number of projects included in
31	31	the preceding state water plan that received financial assistance
32	32	from the board; and
33	33	(3) consideration of the potential effects of climate
34	34	change and precipitation changes on the water supply in this state,
35	35	based on forecasts developed under Section 16.057.
36	36	(d) The board, in coordination with the commission, the
37	37	Department of Agriculture, and the Parks and Wildlife Department,
38	38	shall adopt by rule guidance principles for the state water plan
39	39	which reflect the public interest of the entire state. When
40	40	adopting guidance principles, due consideration shall be given to
41	41	the construction and improvement of surface water resources, [and]
42	42	the application of principles that result in voluntary
43	43	redistribution of water resources, and the potential effects of
44	44	climate change and precipitation changes. The board shall review
45	45	and update the guidance principles, with input from the commission,
46	46	the Department of Agriculture, and the Parks and Wildlife
47	47	Department, as necessary but at least every five years to coincide
48	48	with the five-year cycle for adoption of a new water plan as
49	49	described in Subsection (a).
50	50	SECTION 2. Sections 16.053(a) and (e), Water Code, are
51	51	amended to read as follows:
52	52	(a) The regional water planning group in each regional water
53	53	planning area shall prepare a regional water plan, using an
54	54	existing state water plan identified in Section 16.051 [of this
55	55	code] and local water plans prepared under Section 16.054 [of this
56	56	code] as a guide, if present, that provides for the orderly
57	57	development, management, and conservation of water resources and
58	58	preparation for and response to drought conditions and the
59	59	potential effects of climate change and precipitation changes in
60	60	order that sufficient water will be available at a reasonable cost
61	61	to ensure public health, safety, and welfare; further economic
62	62	development; and protect the agricultural and natural resources of
63	63	that particular region.
64	64	(e) Each regional water planning group shall submit to the
65	65	development board a regional water plan that:
66	66	(1) is consistent with the guidance principles for the
67	67	state water plan adopted by the development board under Section
68	68	16.051(d);
69	69	(2) provides information based on data provided or
70	70	approved by the development board in a format consistent with the
71	71	guidelines provided by the development board under Subsection (d);
72	72	(2-a) is consistent with the desired future conditions
73	73	adopted under Section 36.108 for the relevant aquifers located in
74	74	the regional water planning area as of the date the board most
75	75	recently adopted a state water plan under Section 16.051 or, at the
76	76	option of the regional water planning group, established subsequent
77	77	to the adoption of the most recent plan;
78	78	(3) identifies:
79	79	(A) each source of water supply in the regional
80	80	water planning area, including information supplied by the
81	81	executive administrator on the amount of modeled available
82	82	groundwater in accordance with the guidelines provided by the
83	83	development board under Subsections (d) and (f);
84	84	(B) factors specific to each source of water
85	85	supply to be considered in determining whether to initiate a
86	86	drought response;
87	87	(C) actions to be taken as part of the response;
88	88	and
89	89	(D) existing major water infrastructure
90	90	facilities that may be used for interconnections in the event of an
91	91	emergency shortage of water;
92	92	(4) has specific provisions for water management
93	93	strategies to be used during a drought of record;
94	94	(5) includes but is not limited to consideration of
95	95	the following:
96	96	(A) any existing water or drought planning
97	97	efforts addressing all or a portion of the region;
98	98	(B) approved groundwater conservation district
99	99	management plans and other plans submitted under Section 16.054;
100	100	(C) all potentially feasible water management
101	101	strategies, including but not limited to improved conservation,
102	102	reuse, and management of existing water supplies, conjunctive use,
103	103	acquisition of available existing water supplies, and development
104	104	of new water supplies;
105	105	(D) protection of existing water rights in the
106	106	region;
107	107	(E) opportunities for and the benefits of
108	108	developing regional water supply facilities or providing regional
109	109	management of water supply facilities;
110	110	(F) appropriate provision for environmental
111	111	water needs and for the effect of upstream development on the bays,
112	112	estuaries, and arms of the Gulf of Mexico and the effect of plans on
113	113	navigation;
114	114	(G) provisions in Section 11.085(k)(1) if
115	115	interbasin transfers are contemplated;
116	116	(H) voluntary transfer of water within the region
117	117	using, but not limited to, regional water banks, sales, leases,
118	118	options, subordination agreements, and financing agreements; [and]
119	119	(I) emergency transfer of water under Section
120	120	11.139, including information on the part of each permit, certified
121	121	filing, or certificate of adjudication for nonmunicipal use in the
122	122	region that may be transferred without causing unreasonable damage
123	123	to the property of the nonmunicipal water rights holder; and
124	124	(J) the potential effects of climate change and
125	125	precipitation changes on the water supply in the regional water
126	126	planning area, based on forecasts developed under Section 16.057;
127	127	(6) identifies river and stream segments of unique
128	128	ecological value and sites of unique value for the construction of
129	129	reservoirs that the regional water planning group recommends for
130	130	protection under Section 16.051;
131	131	(7) assesses the impact of the plan on unique river and
132	132	stream segments identified in Subdivision (6) if the regional water
133	133	planning group or the legislature determines that a site of unique
134	134	ecological value exists;
135	135	(8) describes the impact of proposed water projects on
136	136	water quality; and
137	137	(9) includes information on:
138	138	(A) projected water use and conservation in the
139	139	regional water planning area; and
140	140	(B) the implementation of state and regional
141	141	water plan projects, including water conservation strategies,
142	142	necessary to meet the state's projected water demands.
143	143	SECTION 3. Subchapter C, Chapter 16, Water Code, is amended
144	144	by adding Section 16.057 to read as follows:
145	145	Sec. 16.057. CLIMATE AND PRECIPITATION FORECASTS. (a) The
146	146	Texas state climatologist shall periodically provide to the board
147	147	for use in the water planning processes described by this
148	148	subchapter climate and precipitation forecasts that are reasonably
149	149	specific and use the best available science.
150	150	(b) In the process of producing a forecast under this
151	151	section, the Texas state climatologist shall examine weather
152	152	patterns from the 25-year period that precedes the forecast.
153	153	(c) A forecast provided to the board under this section must
154	154	project climate or precipitation patterns for at least the 25-year
155	155	period following the forecast.
156	156	(d) The board shall notify the Texas state climatologist of
157	157	dates that are appropriate or convenient during the water planning
158	158	processes described by this subchapter for the board to receive the
159	159	forecasts.
160	160	(e) The board shall:
161	161	(1) provide forecasts received under this section to
162	162	each regional water planning group; and
163	163	(2) make the forecasts available to entities that
164	164	participate in preparing local water plans under Section 16.054.
165	165	SECTION 4. (a) It is the goal of the legislature that the
166	166	2017 state water plan required to be adopted by the Texas Water
167	167	Development Board comply with this Act.
168	168	(b) Notwithstanding Subsection (a) of this section, the
169	169	changes in law made by this Act apply only to a state water plan
170	170	prepared by the Texas Water Development Board after the Texas state
171	171	climatologist makes available the climate and precipitation
172	172	forecasts required under Section 16.057, Water Code, as added by
173	173	this Act. A state water plan prepared before the forecasts are
174	174	available is governed by the law in effect immediately before the
175	175	effective date of this Act, and the former law is continued in
176	176	effect for that purpose.
177	177	(c) Notwithstanding Subsection (a) of this section, the
178	178	changes in law made by this Act apply only to a regional water plan
179	179	submitted by a regional water planning group to the Texas Water
180	180	Development Board after the Texas state climatologist makes
181	181	available the climate and precipitation forecasts required under
182	182	Section 16.057, Water Code, as added by this Act. A regional water
183	183	plan submitted before the forecasts are available is governed by
184	184	the law in effect immediately before the effective date of this Act,
185	185	and the former law is continued in effect for that purpose.
186	186	SECTION 5. This Act takes effect September 1, 2015.