Texas 2015 - 84th Regular

Texas House Bill HB3788 Compare Versions

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

Old	New	Differences
1	1	84R12946 SLB-F
2	2	By: Reynolds H.B. No. 3788
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the information required to be included in a regional
8	8	water plan and the use of that information by the regional water
9	9	planning group in developing the plan.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 16.053, Water Code, is amended by
12	12	amending Subsection (e) and adding Subsection (s) to read as
13	13	follows:
14	14	(e) Each regional water planning group shall submit to the
15	15	development board a regional water plan that:
16	16	(1) is consistent with the guidance principles for the
17	17	state water plan adopted by the development board under Section
18	18	16.051(d);
19	19	(2) provides information based on data provided or
20	20	approved by the development board in a format consistent with the
21	21	guidelines provided by the development board under Subsection (d);
22	22	[(2-a) is consistent with the desired future
23	23	conditions adopted under Section 36.108 for the relevant aquifers
24	24	located in the regional water planning area as of the date the board
25	25	most recently adopted a state water plan under Section 16.051 or, at
26	26	the option of the regional water planning group, established
27	27	subsequent to the adoption of the most recent plan;]
28	28	(3) identifies:
29	29	(A) each source of water supply in the regional
30	30	water planning area[, including information supplied by the
31	31	executive administrator on the amount of modeled available
32	32	groundwater in accordance with the guidelines provided by the
33	33	development board under Subsections (d) and (f)];
34	34	(B) factors specific to each source of water
35	35	supply to be considered in determining whether to initiate a
36	36	drought response;
37	37	(C) actions to be taken as part of the response;
38	38	and
39	39	(D) existing major water infrastructure
40	40	facilities that may be used for interconnections in the event of an
41	41	emergency shortage of water;
42	42	(4) has specific provisions for water management
43	43	strategies to be used during a drought of record;
44	44	(5) includes but is not limited to consideration of
45	45	the following:
46	46	(A) any existing water or drought planning
47	47	efforts addressing all or a portion of the region;
48	48	(B) approved groundwater conservation district
49	49	management plans and other plans submitted under Section 16.054;
50	50	(C) all potentially feasible water management
51	51	strategies, including but not limited to improved conservation,
52	52	reuse, and management of existing water supplies, conjunctive use,
53	53	acquisition of available existing water supplies, and development
54	54	of new water supplies;
55	55	(D) protection of existing water rights in the
56	56	region;
57	57	(E) opportunities for and the benefits of
58	58	developing regional water supply facilities or providing regional
59	59	management of water supply facilities;
60	60	(F) appropriate provision for environmental
61	61	water needs and for the effect of upstream development on the bays,
62	62	estuaries, and arms of the Gulf of Mexico and the effect of plans on
63	63	navigation;
64	64	(G) provisions in Section 11.085(k)(1) if
65	65	interbasin transfers are contemplated;
66	66	(H) voluntary transfer of water within the region
67	67	using, but not limited to, regional water banks, sales, leases,
68	68	options, subordination agreements, and financing agreements; [and]
69	69	(I) emergency transfer of water under Section
70	70	11.139, including information on the part of each permit, certified
71	71	filing, or certificate of adjudication for nonmunicipal use in the
72	72	region that may be transferred without causing unreasonable damage
73	73	to the property of the nonmunicipal water rights holder; and
74	74	(J) the amounts of modeled available groundwater
75	75	for the relevant aquifers in the regional water planning area as
76	76	provided by the executive administrator based on the desired future
77	77	conditions for the aquifers adopted under Section 36.108:
78	78	(i) as of the date the development board
79	79	most recently adopted a state water plan under Section 16.051; or
80	80	(ii) at the option of the regional water
81	81	planning group, after the date the development board most recently
82	82	adopted a state water plan under Section 16.051;
83	83	(6) identifies river and stream segments of unique
84	84	ecological value and sites of unique value for the construction of
85	85	reservoirs that the regional water planning group recommends for
86	86	protection under Section 16.051;
87	87	(7) assesses the impact of the plan on unique river and
88	88	stream segments identified in Subdivision (6) if the regional water
89	89	planning group or the legislature determines that a site of unique
90	90	ecological value exists;
91	91	(8) describes the impact of proposed water projects on
92	92	water quality; and
93	93	(9) includes information on:
94	94	(A) projected water use and conservation in the
95	95	regional water planning area; and
96	96	(B) the implementation of state and regional
97	97	water plan projects, including water conservation strategies,
98	98	necessary to meet the state's projected water demands.
99	99	(s) Amounts of modeled available groundwater as described
100	100	by Subsection (e)(5)(J) are intended to serve as guidelines and not
101	101	as limits on groundwater availability for purposes of development
102	102	of a regional water plan.
103	103	SECTION 2. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2015.