Texas 2023 - 88th Regular

Texas House Bill HB4623 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11798 JXC-F
2	2	By: Goldman H.B. No. 4623
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consideration of water markets in the regional
8	8	water planning process.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 16.053, Water Code, is amended by adding
11	11	Subsection (d-1) and amending Subsection (e) to read as follows:
12	12	(d-1) In this section, "water market" means an exchange
13	13	where water rights and all or a portion of the volumes associated
14	14	with those rights are sold, purchased, optioned, or leased for the
15	15	purpose of conveyance, transfer, supply, or forbearance or changing
16	16	the legal purpose of use. The term does not include a market for
17	17	wholesale or retail water transactions.
18	18	(e) Each regional water planning group shall submit to the
19	19	development board a regional water plan that:
20	20	(1) is consistent with the guidance principles for the
21	21	state water plan adopted by the development board under Section
22	22	16.051(d);
23	23	(2) provides information based on data provided or
24	24	approved by the development board in a format consistent with the
25	25	guidelines provided by the development board under Subsection (d);
26	26	(2-a) is consistent with the desired future conditions
27	27	adopted under Section 36.108 for the relevant aquifers located in
28	28	the regional water planning area as of the most recent deadline for
29	29	the board to adopt the state water plan under Section 16.051 or, at
30	30	the option of the regional water planning group, established
31	31	subsequent to the adoption of the most recent plan; provided,
32	32	however, that if no groundwater conservation district exists within
33	33	the area of the regional water planning group, the regional water
34	34	planning group shall determine the supply of groundwater for
35	35	regional planning purposes; the Texas Water Development Board shall
36	36	review and approve, prior to inclusion in the regional water plan,
37	37	that the groundwater supply for the regional planning group without
38	38	a groundwater conservation district in its area is physically
39	39	compatible, using the board's groundwater availability models,
40	40	with the desired future conditions adopted under Section 36.108 for
41	41	the relevant aquifers in the groundwater management area that are
42	42	regulated by groundwater conservation districts;
43	43	(3) identifies:
44	44	(A) each source of water supply in the regional
45	45	water planning area, including information supplied by the
46	46	executive administrator on the amount of modeled available
47	47	groundwater in accordance with the guidelines provided by the
48	48	development board under Subsections (d) and (f);
49	49	(B) factors specific to each source of water
50	50	supply to be considered in determining whether to initiate a
51	51	drought response;
52	52	(C) actions to be taken as part of the response;
53	53	(D) existing major water infrastructure
54	54	facilities that may be used for interconnections in the event of an
55	55	emergency shortage of water; and
56	56	(E) unnecessary or counterproductive variations
57	57	in specific drought response strategies, including outdoor
58	58	watering restrictions, among user groups in the regional water
59	59	planning area that may confuse the public or otherwise impede
60	60	drought response efforts;
61	61	(4) has specific provisions for water management
62	62	strategies to be used during a drought of record;
63	63	(5) includes but is not limited to consideration of
64	64	the following:
65	65	(A) any existing water or drought planning
66	66	efforts addressing all or a portion of the region and potential
67	67	impacts on public health, safety, or welfare in this state;
68	68	(B) approved groundwater conservation district
69	69	management plans and other plans submitted under Section 16.054;
70	70	(C) all potentially feasible water management
71	71	strategies, including but not limited to improved conservation,
72	72	reuse, and management of existing water supplies, conjunctive use,
73	73	acquisition of available existing water supplies, and development
74	74	of new water supplies;
75	75	(D) protection of existing water rights in the
76	76	region;
77	77	(E) opportunities for and the benefits of
78	78	developing regional water supply facilities or providing regional
79	79	management of water supply facilities;
80	80	(F) appropriate provision for environmental
81	81	water needs and for the effect of upstream development on the bays,
82	82	estuaries, and arms of the Gulf of Mexico and the effect of plans on
83	83	navigation;
84	84	(G) provisions in Section 11.085(k)(1) if
85	85	interbasin transfers are contemplated;
86	86	(H) voluntary transfer of water within the region
87	87	using, but not limited to, regional water banks, sales, leases,
88	88	options, subordination agreements, and financing agreements;
89	89	(I) emergency transfer of water under Section
90	90	11.139, including information on the part of each permit, certified
91	91	filing, or certificate of adjudication for nonmunicipal use in the
92	92	region that may be transferred without causing unreasonable damage
93	93	to the property of the nonmunicipal water rights holder; and
94	94	(J) opportunities for and the benefits of
95	95	developing large-scale desalination facilities for:
96	96	(i) marine seawater that serve local or
97	97	regional entities; and
98	98	(ii) brackish groundwater that serve local
99	99	or regional brackish groundwater production zones identified and
100	100	designated under Section 16.060(b)(5);
101	101	(6) identifies river and stream segments of unique
102	102	ecological value and sites of unique value for the construction of
103	103	reservoirs that the regional water planning group recommends for
104	104	protection under Section 16.051;
105	105	(7) assesses the impact of the plan on unique river and
106	106	stream segments identified in Subdivision (6) if the regional water
107	107	planning group or the legislature determines that a site of unique
108	108	ecological value exists;
109	109	(8) describes the impact of proposed water projects on
110	110	water quality;
111	111	(9) includes information on:
112	112	(A) projected water use and conservation in the
113	113	regional water planning area; and
114	114	(B) the implementation of state and regional
115	115	water plan projects, including water conservation strategies,
116	116	necessary to meet the state's projected water demands;
117	117	(10) if the regional water planning area has
118	118	significant identified water needs, provides a specific assessment
119	119	of the potential for aquifer storage and recovery projects to meet
120	120	those needs;
121	121	(11) sets one or more specific goals for gallons of
122	122	water use per capita per day in each decade of the period covered by
123	123	the plan for the municipal water user groups in the regional water
124	124	planning area; [and]
125	125	(12) assesses the progress of the regional water
126	126	planning area in encouraging cooperation between water user groups
127	127	for the purpose of achieving economies of scale and otherwise
128	128	incentivizing strategies that benefit the entire region; and
129	129	(13) describes opportunities for the creation and
130	130	establishment of local or regional water markets and considers the
131	131	potential for voluntary transfer of water in the region using those
132	132	markets.
133	133	SECTION 2. This Act takes effect September 1, 2023.