1 | 1 | | 84R15388 T |
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2 | 2 | | By: Paddie H.B. No. 3942 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the authority to determine the supply of groundwater in |
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8 | 8 | | certain regional water plans. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 16.053(e), Water Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (e) Each regional water planning group shall submit to the |
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13 | 13 | | development board a regional water plan that: |
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14 | 14 | | (1) is consistent with the guidance principles for the |
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15 | 15 | | state water plan adopted by the development board under Section |
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16 | 16 | | 16.051(d); |
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17 | 17 | | (2) provides information based on data provided or |
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18 | 18 | | approved by the development board in a format consistent with the |
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19 | 19 | | guidelines provided by the development board under Subsection (d); |
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20 | 20 | | (2-a) is consistent with the desired future conditions |
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21 | 21 | | adopted under Section 36.108 for the relevant aquifers located in |
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22 | 22 | | the regional water planning area as of the date the board most |
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23 | 23 | | recently adopted a state water plan under Section 16.051 or, at the |
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24 | 24 | | option of the regional water planning group, established subsequent |
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25 | 25 | | to the adoption of the most recent plan; provided, however, that if |
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26 | 26 | | no groundwater conservation district exists within the area of the |
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27 | 27 | | regional water planning group, the regional water planning group |
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28 | 28 | | shall determine the supply of groundwater for regional planning |
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29 | 29 | | purposes; |
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30 | 30 | | (3) identifies: |
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31 | 31 | | (A) each source of water supply in the regional |
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32 | 32 | | water planning area, including information supplied by the |
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33 | 33 | | executive administrator on the amount of modeled available |
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34 | 34 | | groundwater in accordance with the guidelines provided by the |
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35 | 35 | | development board under Subsections (d) and (f); |
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36 | 36 | | (B) factors specific to each source of water |
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37 | 37 | | supply to be considered in determining whether to initiate a |
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38 | 38 | | drought response; |
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39 | 39 | | (C) actions to be taken as part of the response; |
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40 | 40 | | and |
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41 | 41 | | (D) existing major water infrastructure |
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42 | 42 | | facilities that may be used for interconnections in the event of an |
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43 | 43 | | emergency shortage of water; |
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44 | 44 | | (4) has specific provisions for water management |
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45 | 45 | | strategies to be used during a drought of record; |
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46 | 46 | | (5) includes but is not limited to consideration of |
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47 | 47 | | the following: |
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48 | 48 | | (A) any existing water or drought planning |
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49 | 49 | | efforts addressing all or a portion of the region; |
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50 | 50 | | (B) approved groundwater conservation district |
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51 | 51 | | management plans and other plans submitted under Section 16.054; |
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52 | 52 | | (C) all potentially feasible water management |
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53 | 53 | | strategies, including but not limited to improved conservation, |
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54 | 54 | | reuse, and management of existing water supplies, conjunctive use, |
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55 | 55 | | acquisition of available existing water supplies, and development |
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56 | 56 | | of new water supplies; |
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57 | 57 | | (D) protection of existing water rights in the |
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58 | 58 | | region; |
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59 | 59 | | (E) opportunities for and the benefits of |
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60 | 60 | | developing regional water supply facilities or providing regional |
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61 | 61 | | management of water supply facilities; |
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62 | 62 | | (F) appropriate provision for environmental |
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63 | 63 | | water needs and for the effect of upstream development on the bays, |
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64 | 64 | | estuaries, and arms of the Gulf of Mexico and the effect of plans on |
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65 | 65 | | navigation; |
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66 | 66 | | (G) provisions in Section 11.085(k)(1) if |
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67 | 67 | | interbasin transfers are contemplated; |
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68 | 68 | | (H) voluntary transfer of water within the region |
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69 | 69 | | using, but not limited to, regional water banks, sales, leases, |
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70 | 70 | | options, subordination agreements, and financing agreements; and |
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71 | 71 | | (I) emergency transfer of water under Section |
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72 | 72 | | 11.139, including information on the part of each permit, certified |
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73 | 73 | | filing, or certificate of adjudication for nonmunicipal use in the |
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74 | 74 | | region that may be transferred without causing unreasonable damage |
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75 | 75 | | to the property of the nonmunicipal water rights holder; |
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76 | 76 | | (6) identifies river and stream segments of unique |
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77 | 77 | | ecological value and sites of unique value for the construction of |
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78 | 78 | | reservoirs that the regional water planning group recommends for |
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79 | 79 | | protection under Section 16.051; |
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80 | 80 | | (7) assesses the impact of the plan on unique river and |
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81 | 81 | | stream segments identified in Subdivision (6) if the regional water |
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82 | 82 | | planning group or the legislature determines that a site of unique |
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83 | 83 | | ecological value exists; |
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84 | 84 | | (8) describes the impact of proposed water projects on |
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85 | 85 | | water quality; and |
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86 | 86 | | (9) includes information on: |
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87 | 87 | | (A) projected water use and conservation in the |
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88 | 88 | | regional water planning area; and |
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89 | 89 | | (B) the implementation of state and regional |
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90 | 90 | | water plan projects, including water conservation strategies, |
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91 | 91 | | necessary to meet the state's projected water demands. |
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92 | 92 | | SECTION 2. This Act takes effect September 1, 2015. |
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