84R6874 JXC-F
By: Johnson H.B. No. 2570
A BILL TO BE ENTITLED
AN ACT
relating to the incorporation of climate and precipitation
forecasts in state, regional, and local water planning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16.051(a), (a-1), and (d), Water Code,
are amended to read as follows:
(a) Not later than January 5, 2017 [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 potential effects of climate change and precipitation
changes, 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.
(a-1) The state water plan must include:
(1) an evaluation of the state's progress in meeting
future water needs, including an evaluation of the extent to which
water management strategies and projects implemented after the
adoption of the preceding state water plan have affected that
progress; [and]
(2) an analysis of the number of projects included in
the preceding state water plan that received financial assistance
from the board; and
(3) consideration of the potential effects of climate
change and precipitation changes on the water supply in this state,
based on forecasts developed under Section 16.057.
(d) The board, in coordination with the commission, the
Department of Agriculture, and the Parks and Wildlife Department,
shall adopt by rule guidance principles for the state water plan
which reflect the public interest of the entire state. When
adopting guidance principles, due consideration shall be given to
the construction and improvement of surface water resources, [and]
the application of principles that result in voluntary
redistribution of water resources, and the potential effects of
climate change and precipitation changes. The board shall review
and update the guidance principles, with input from the commission,
the Department of Agriculture, and the Parks and Wildlife
Department, as necessary but at least every five years to coincide
with the five-year cycle for adoption of a new water plan as
described in Subsection (a).
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
potential effects of climate change and precipitation changes 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);
(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 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;
(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;
(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 potential effects of climate change and
precipitation changes on the water supply in the regional water
planning area, based on forecasts developed under Section 16.057;
(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.
SECTION 3. Subchapter C, Chapter 16, Water Code, is amended
by adding Section 16.057 to read as follows:
Sec. 16.057. CLIMATE AND PRECIPITATION FORECASTS. (a) The
Texas state climatologist shall periodically provide to the board
for use in the water planning processes described by this
subchapter climate and precipitation forecasts that are reasonably
specific and use the best available science.
(b) In the process of producing a forecast under this
section, the Texas state climatologist shall examine weather
patterns from the 25-year period that precedes the forecast.
(c) A forecast provided to the board under this section must
project climate or precipitation patterns for at least the 25-year
period following the forecast.
(d) The board shall notify the Texas state climatologist of
dates that are appropriate or convenient during the water planning
processes described by this subchapter for the board to receive the
forecasts.
(e) The board shall:
(1) provide forecasts received under this section to
each regional water planning group; and
(2) make the forecasts available to entities that
participate in preparing local water plans under Section 16.054.
SECTION 4. (a) It is the goal of the legislature that the
2017 state water plan required to be adopted by the Texas Water
Development Board comply with this Act.
(b) Notwithstanding Subsection (a) of this section, the
changes in law made by this Act apply only to a state water plan
prepared by the Texas Water Development Board after the Texas state
climatologist makes available the climate and precipitation
forecasts required under Section 16.057, Water Code, as added by
this Act. A state water plan prepared before the forecasts are
available is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(c) Notwithstanding Subsection (a) of this section, the
changes in law made by this Act apply only to a regional water plan
submitted by a regional water planning group to the Texas Water
Development Board after the Texas state climatologist makes
available the climate and precipitation forecasts required under
Section 16.057, Water Code, as added by this Act. A regional water
plan submitted before the forecasts are available is governed by
the law in effect immediately before the effective date of this Act,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2015.