CHAPTER 16. PROVISIONS GENERALLY APPLICABLE TO WATER DEVELOPMENT
WATER CODE
TITLE 2. WATER ADMINISTRATION
SUBTITLE C. WATER DEVELOPMENT
CHAPTER 16. PROVISIONS GENERALLY APPLICABLE TO WATER DEVELOPMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 16.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Water Development Board.
(2) "Commission" means the Texas Natural Resource Conservation
Commission.
(3) "Chairman" means the chairman of the Texas Water Development
Board.
(4) "Executive director" means the executive director of the
Texas Natural Resource Conservation Commission.
(5) "Executive administrator" means the executive administrator
of the Texas Water Development Board.
(6) "Development fund manager" means the development fund
manager of the Texas Water Development Board.
(7) "Political subdivision" means a county, city, or other body
politic or corporate of the state, including any district or
authority created under Article III, Section 52 or Article XVI,
Section 59 of the Texas Constitution and including any interstate
compact commission to which the state is a party and any
nonprofit water supply corporation created and operating under
Chapter 67.
(8) "Bonds" means all Texas Water Development Bonds now or
hereafter authorized by the Texas Constitution.
(9) "Waste" has the same meaning as provided in Section 26.001
of this code.
(10) "Water development bonds" means the Texas Water Development
Bonds authorized by Article III, Sections 49-c and 49-d, of the
Texas Constitution and bonds dedicated to use for the purposes of
those sections under Article III, Sections 49-d-2, 49-d-6, and
49-d-7, of the Texas Constitution.
(11) "State facility" means a project in which the board has
acquired an ownership interest.
(12) "Acquisition of a state facility" means the act or series
of actions by the board in making payment for a state facility.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 133, Sec. 2.08, 2.14;
Acts 1985, 69th Leg., ch. 795, Sec. 1.044, eff. Sept. 1, 1985;
Acts 1985, 69th Leg., ch. 821, Sec. 2, eff. Sept. 1, 1985; Acts
1987, 70th Leg., ch. 7, Sec. 3(1), eff. March 24, 1987; Acts
1987, 70th Leg., ch. 1103, Sec. 9, eff. Sept. 1, 1987; Acts 1987,
70th Leg., 2nd C.S., ch. 66, Sec. 1; Acts 1989, 71st Leg., ch.
1062, Sec. 1; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.064,
eff. Aug. 12, 1991; Acts 1999, 76th Leg., ch. 62, Sec. 18.58,
eff. Sept. 1, 1999.
Sec. 16.002. OPEN MEETINGS AND OPEN RECORDS LAWS. Nonprofit
water supply corporations which receive any assistance under this
chapter are subject to Chapter 551, Government Code, and to
Chapter 552, Government Code.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.19. Amended by
Acts 1995, 74th Leg., ch. 76, Sec. 5.95(78), (90), eff. Sept. 1,
1995.
SUBCHAPTER B. DUTIES OF THE EXECUTIVE ADMINISTRATOR
Sec. 16.011. GENERAL RESPONSIBILITIES OF THE EXECUTIVE
ADMINISTRATOR. The executive administrator shall determine the
responsibilities of each administrative division of the board and
its staff in carrying out the authority, duties, and functions
provided in this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.012. STUDIES, INVESTIGATIONS, SURVEYS. (a) The
executive administrator shall make studies, investigations, and
surveys of the occurrence, quantity, quality, and availability of
the surface water and groundwater of this state and shall, in
cooperation with other entities of the state, guide the
development of a statewide water resource data collection and
dissemination network. For these purposes the executive
administrator shall collect, receive, analyze, process, and
facilitate access to basic data and summary information
concerning water resources of the state and provide guidance
regarding data formats and descriptions required to access and
understand Texas water resource data.
(b) The executive administrator shall:
(1) determine suitable locations for future water facilities,
including reservoir sites;
(2) determine suitable, cost-effective water supply alternatives
on a regional basis, including voluntary means of encouraging
aggressive water conservation;
(3) locate land best suited for irrigation;
(4) make estimates of the cost of proposed irrigation works and
the improvement of reservoir sites;
(5) examine and survey reservoir sites;
(6) monitor the effects of fresh water inflows upon the bays and
estuaries of Texas;
(7) monitor instream flows;
(8) lead a statewide effort, in coordination with federal,
state, and local governments, institutions of higher education,
and other interested parties, to develop a network for collecting
and disseminating water resource-related information that is
sufficient to support assessment of ambient water conditions
statewide;
(9) make recommendations for optimizing the efficiency and
effectiveness of water resource data collection and dissemination
as necessary to ensure that basic water resource data are
maintained and available for Texas; and
(10) make basic data and summary information developed under
this subsection accessible to state agencies and other interested
persons.
(c) In performing the duties required under Subdivisions (1),
(4), (5), (6), and (7) of Subsection (b), the executive
administrator shall consider advice from the Parks and Wildlife
Department. In addition, the Department of Agriculture may
provide advice to the executive administrator, where appropriate,
regarding any of the duties to be performed under Subsection (b).
(d) All entities of the state, including institutions of higher
education, that collect or use water data or information shall
cooperate with the board in the development of a coordinated,
efficient, and effective statewide water resource data collection
and dissemination network.
(e) The executive administrator shall keep full and proper
records of his work, observations, data, and calculations, all of
which are the property of the state.
(f) In performing his duties under this section, the executive
administrator shall assist the commission in carrying out the
purposes and policies stated in Section 12.014 of this code.
(g) No later than December 31, 1999, the commission shall obtain
or develop an updated water availability model for six river
basins as determined by the commission. The commission shall
obtain or develop an updated water availability model for all
remaining river basins no later than December 31, 2001.
(h) Not later than December 31, 2003, the commission shall
obtain or develop an updated water supply model for the Rio
Grande. Recognizing that the Rio Grande is an international river
touching on three states of the United States and five states of
the United Mexican States and draining an area larger than the
State of Texas, the model shall encompass to the extent
practicable the significant water demands within the watershed of
the river as well as the unique geology and hydrology of the
region. The commission may collect data from all jurisdictions
that allocate the waters of the river, including jurisdictions
outside this state.
(i) Within 90 days of completing a water availability model for
a river basin, the commission shall provide to all holders of
existing permits, certified filings, and certificates of
adjudication in that river basin the projected amount of water
that would be available during a drought of record.
(j) Within 90 days of completing a water availability model for
a river basin, the commission shall provide to each regional
water planning group created under Section 16.053 of this code in
that river basin the projected amount of water that would be
available if cancellation procedures were instigated under the
provisions of Subchapter E, Chapter 11, of this code.
(k) Within 90 days of completing a water availability model for
a river basin, the commission, in coordination with the Parks and
Wildlife Department and with input from the Department of
Agriculture, where appropriate, shall determine the potential
impact of reusing municipal and industrial effluent on existing
water rights, instream uses, and freshwater inflows to bays and
estuaries. Within 30 days of making this determination, the
commission shall provide the projections to the board and each
regional water planning group created under Section 16.053 of
this code in that river basin.
(l) The executive administrator shall obtain or develop
groundwater availability models for major and minor aquifers in
coordination with groundwater conservation districts and regional
water planning groups created under Section 16.053 that overlie
the aquifers. Modeling of major aquifers shall be completed not
later than October 1, 2004. On completing a groundwater
availability model for an aquifer, the executive administrator
shall provide the model to each groundwater conservation district
and each regional water planning group created under Section
16.053 overlying that aquifer.
(m) The executive administrator may conduct surveys of entities
using groundwater and surface water for municipal, industrial,
power generation, or mining purposes at intervals determined
appropriate by the executive administrator to gather data to be
used for long-term water supply planning. Recipients of the
survey shall complete and return the survey to the executive
administrator. A person who fails to timely complete and return
the survey is not eligible for funding from the board for board
programs and is ineligible to obtain permits, permit amendments,
or permit renewals from the commission under Chapter 11. A person
who fails to complete and return the survey commits an offense
that is punishable as a Class C misdemeanor. This subsection does
not apply to survey information regarding windmills used for
domestic and livestock use.
(n) Information collected through field investigations on a
landowner's property by the executive administrator after
September 1, 2003, solely for use in the development of
groundwater availability models under Subsection (l) of this
section that reveals site-specific information about such
landowner is not subject to Chapter 552, Government Code, and may
not be disclosed to any person outside the board if the landowner
on whose land the information is collected has requested in
writing that such information be deemed confidential. If a
landowner requests that his or her information not be disclosed,
the executive administrator may release information regarding
groundwater information only if the information is summarized in
a manner that prevents the identification of an individual or
specific parcel of land and the landowner. This subsection does
not apply to a parcel of land that is publicly owned.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, Sec. 7.01, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 456, Sec. 3, eff. June
18, 1999; Acts 1999, 76th Leg., ch. 518, Sec. 1, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 979, Sec. 3, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 1222, Sec. 1, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 966, Sec. 2.15, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1057, Sec. 3, 4, eff. June 20, 2003.
Sec. 16.0121. WATER AUDITS. (a) In this section, "retail
public utility" has the meaning assigned by Section 13.002.
(b) Every five years, a retail public utility providing potable
water shall perform and file with the board a water audit
computing the utility's most recent annual system water loss.
(c) The board shall develop appropriate methodologies and
submission dates for a water audit required under Subsection (b)
for the following categories of retail public utilities:
(1) retail public utilities serving populations of 100,000 or
more;
(2) retail public utilities serving populations of 50,000 or
more but less than 100,000;
(3) retail public utilities serving populations of more than
3,300 but less than 50,000; and
(4) retail public utilities serving populations of 3,300 or
less.
(d) In developing the methodologies required by Subsection (c),
the board shall ensure that each methodology:
(1) is financially feasible for the category of retail public
utility for which it is developed; and
(2) considers differences in population density, source of water
supply, the mean income of the service population, and other
factors determined by the board.
(e) The methodologies required by Subsection (c) shall account
for various components of system water loss, including loss from
distribution lines, inaccuracies in meters or accounting
practices, and theft.
(f) The board shall compile the information included in the
water audits required by Subsection (b) according to category of
retail public utility and according to regional water planning
area. The regional planning group for a regional planning area
shall use the information to identify appropriate water
management strategies in the development of a regional water plan
under Section 16.053.
Added by Acts 2003, 78th Leg., ch. 744, Sec. 1, eff. Sept. 1,
2003.
Sec. 16.013. ENGINEERING, HYDROLOGIC, AND GEOLOGIC FUNCTIONS.
The executive administrator shall advise and assist the board and
the commission with regard to engineering, hydrologic, and
geologic matters concerning the water resources of the state. The
executive administrator shall evaluate, prepare, and publish
engineering, hydrologic, and geologic data, information, and
reports relating to the water resources of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.014. SILT LOAD OF STREAMS, ETC. The executive
administrator shall determine the silt load of streams, make
investigations and studies of the duty of water, and make surveys
to determine the water needs of the distinct regional divisions
of the watershed areas of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.015. STUDIES OF UNDERGROUND WATER SUPPLY. The executive
administrator may make studies and investigations of the physical
characteristics of water-bearing formations and of the sources,
occurrence, quantity, and quality of the underground water supply
of the state and may study and investigate feasible methods to
conserve, preserve, improve, and supplement this supply. The work
shall first be undertaken in areas where, in the judgment of the
board, the greatest need exists, and in determining the need, the
board shall consider all beneficial uses essential to the general
welfare of the state. Water-bearing formations may be explored by
coring or other mechanical or electrical means when the area to
be investigated has more than a local influence on water
resources.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.016. POLLUTION OF RED RIVER TRIBUTARIES. Within the
limits of available money and facilities, the executive
administrator shall study salt springs, gypsum beds, and other
sources of natural pollution of the tributaries of the Red River
and shall study means of eliminating this natural pollution and
preventing it from reaching the Red River.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.017. TOPOGRAPHIC AND GEOLOGIC MAPPING. (a) The
executive administrator shall carry out the program for
topographic and geologic mapping of the state.
(b) The executive administrator shall operate as part of the
Texas Natural Resources Information System a strategic mapping
program to acquire, store, and distribute digital, geospatial
information.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.12, eff. September 1, 2007.
Sec. 16.018. SOIL RESOURCE PLANNING. The executive
administrator may contract with the State Soil Conservation Board
for joint investigation and research in the field of soil
resource planning. The State Soil Conservation Board may appoint
a representative to advise and work with the executive
administrator.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.019. COOPERATIVE AGREEMENTS. With the approval of the
board, the executive administrator may negotiate and execute
contracts with persons or with federal, state, or local agencies
for joint or cooperative studies and investigations of the
occurrence, quantity, and quality of the surface water and
groundwater of the state; the topographical mapping of the state;
and the collection, processing, and analysis of other basic data
relating to the development of the water resources of the state
and for the administration and performance of these contracts.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.020. MASTER PLANS OF DISTRICTS, ETC. The executive
director shall review and analyze master plans and other reports
of conservation districts, river authorities, and state agencies
and shall make its recommendations to the commission in all cases
where approval of the commission is required by law or is
requested by a district, authority, or agency.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985.
Sec. 16.021. TEXAS NATURAL RESOURCES INFORMATION SYSTEM. (a)
The executive administrator shall establish the Texas Natural
Resources Information System (TNRIS) to serve Texas agencies and
citizens as a centralized clearinghouse and referral center for:
(1) natural resource data;
(2) census data;
(3) data related to emergency management; and
(4) other socioeconomic data.
(b) The executive administrator may, on behalf of TNRIS, enter
into partnerships with private entities to provide additional
funding for improved access to TNRIS information. The board shall
adopt administrative rules to describe the process of
establishing partnerships, define the types of partnerships that
may be formed, establish the fee collection process, and define
the nondiscriminatory methods used to determine which private
entities may enter into partnerships. Any process developed by
the board must comply with all applicable laws regarding ethics,
purchasing, and contracts.
(c) The Texas Geographic Information Council (TGIC) is created
to provide strategic planning and coordination in the acquisition
and use of geo-spatial data and related technologies in the State
of Texas. The executive administrator and the executive director
of the Department of Information Resources shall designate
entities to be members of the TGIC. The chief administrative
officer of each member entity shall select one representative to
serve on the TGIC. The duties of the TGIC shall include providing
guidance to the executive administrator in carrying out the
executive administrator's duties under this section and guidance
to the Department of Information Resources for development of
rules related to statewide geo-spatial data and technology
standards.
(d) Member entities of the TGIC that are state agencies shall,
and member entities that are not state agencies may, provide
information to the TGIC about their investments in geographic
information and plans for its use. Not later than November 1 of
each even-numbered year, the TGIC shall prepare and provide to
the board, the Department of Information Resources, the governor,
and the legislature a report that:
(1) describes the progress made by each TGIC member entity
toward achieving geographic information system goals and in
implementing geographic information systems initiatives; and
(2) recommends additional initiatives to improve the state's
geographic information systems programs.
(e) Under the guidance of the TGIC, the executive administrator
shall:
(1) further develop the Texas Natural Resources Information
System by promoting and providing for effective acquisition,
archiving, documentation, indexing, and dissemination of natural
resource and related digital and nondigital data and information;
(2) obtain information in response to disagreements regarding
names and name spellings for natural and cultural features in the
state and provide this information to the Board on Geographic
Names of the United States Department of the Interior;
(3) make recommendations to the Board on Geographic Names of the
United States Department of the Interior for naming any natural
or cultural feature subject to the limitations provided by
Subsection (f);
(4) make recommendations to the Department of Information
Resources to adopt and promote standards that facilitate sharing
of digital natural resource data and related socioeconomic data
among federal, state, and local governments and other interested
parties;
(5) acquire and disseminate natural resource and related
socioeconomic data describing the Texas-Mexico border region; and
(6) coordinate, conduct, and facilitate the development,
maintenance, and use of mutually compatible statewide digital
base maps depicting natural resources and man-made features.
(f) A recommendation may not be made under Subsection (e)(3)
for:
(1) a feature previously named under statutory authority or
recognized by an agency of the federal government, the state, or
a political subdivision of the state;
(2) a feature located on private property for which consent of
the property owner cannot be obtained; or
(3) naming a natural or cultural feature for a living person.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 21, Sec. 1, eff. Sept.
1, 1987; Acts 1997, 75th Leg., ch. 1010, Sec. 7.02, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1234, Sec. 24, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
67, Sec. 1, eff. May 11, 2007.
Sec. 16.022. WATER CONSERVATION STUDY. (a) The board and the
State Soil and Water Conservation Board shall jointly conduct a
study of the ways to improve or expand water conservation efforts
and report to the legislature.
(b) The report must include:
(1) an assessment of both agricultural and municipal water
conservation issues;
(2) information on existing conservation efforts by the board
and the State Soil and Water Conservation Board;
(3) information on existing conservation efforts by
municipalities receiving funding from the board, as specified in
water conservation plans submitted by the municipalities as part
of their applications for assistance;
(4) a discussion of future conservation needs;
(5) an analysis of programmatic approaches and funding for
additional conservation efforts;
(6) an assessment of existing statutory authority and whether
changes are needed to more effectively promote and fund
conservation projects; and
(7) an assessment of the board's agricultural water conservation
program.
(c) The report shall be issued as part of, or as a supplement
to, the state water plan.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 24, eff. Sept. 1,
2001.
Sec. 16.023. STRATEGIC MAPPING ACCOUNT. (a) The strategic
mapping account is an account in the general revenue fund. The
account consists of:
(1) money directly appropriated to the board;
(2) money transferred by the board from other funds available to
the board;
(3) money from gifts or grants from the United States
government, state, regional, or local governments, educational
institutions, private sources, or other sources;
(4) proceeds from the sale of maps, data, publications, and
other items; and
(5) interest earned on the investment of money in the account
and depository interest allocable to the account.
(b) The account may be appropriated only to the board to:
(1) develop, administer, and implement the strategic mapping
program;
(2) provide grants to political subdivisions for projects
related to the development, use, and dissemination of digital,
geospatial information; and
(3) administer, implement, and operate other programs of the
Texas Natural Resources Information System, including:
(A) the operation of a Texas-Mexico border region information
center for the purpose of implementing Section 16.021 (e)(5);
(B) the acquisition, storage, and distribution of historical
maps, photographs, and paper map products;
(C) the maintenance and enhancement of information technology;
and
(D) the production, storage, and distribution of other digital
base maps, as determined by the executive administrator or a
state agency that is a member of the Texas Geographic Information
Council.
(c) The board may invest, reinvest, and direct the investment of
any available money in the fund as provided by law for the
investment of money under Section 404.024, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.13, eff. September 1, 2007.
Sec. 16.024. FINANCIAL ASSISTANCE FOR DIGITAL, GEOSPATIAL
INFORMATION PROJECTS. (a) A political subdivision seeking a
grant under Section 16.023 must file an application with the
board.
(b) An application must be filed in the manner and form required
by board rules.
(c) In reviewing an application by a political subdivision for a
grant, the board shall consider:
(1) the degree to which the political subdivision has used other
available resources to finance the development, use, and
dissemination of digital, geospatial information;
(2) the willingness and ability of the political subdivision to
develop, use, and disseminate digital, geospatial information;
and
(3) the benefits that will be gained by making the grant.
(d) The board may approve a grant to a political subdivision
only if the board finds that:
(1) the grant will supplement rather than replace money of the
political subdivision;
(2) the public interest is served by providing the grant; and
(3) the grant will further the state's ability to gather,
develop, use, and disseminate digital, geospatial information.
Added by Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.13, eff. September 1, 2007.
SUBCHAPTER C. PLANNING
Sec. 16.051. STATE WATER PLAN: DROUGHT, CONSERVATION,
DEVELOPMENT, AND MANAGEMENT; EFFECT OF PLAN. (a) Not later than
January 5, 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, 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.
(b) The state water plan, as formally adopted by the board,
shall be a guide to state water policy. The commission shall take
the plan into consideration in matters coming before it.
(c) The board by rule shall define and designate river basins
and watersheds.
(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. 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).
(e) On adoption the board shall deliver the state water plan to
the governor, the lieutenant governor, and the speaker of the
house of representatives and present the plan for review to the
appropriate legislative committees. The plan shall include
legislative recommendations that the board believes are needed
and desirable to facilitate more voluntary water transfers. The
plan shall identify river and stream segments of unique
ecological value and sites of unique value for the construction
of reservoirs that the board recommends for protection under this
section.
(f) The legislature may designate a river or stream segment of
unique ecological value. This designation solely means that a
state agency or political subdivision of the state may not
finance the actual construction of a reservoir in a specific
river or stream segment designated by the legislature under this
subsection.
(g) The legislature may designate a site of unique value for the
construction of a reservoir. A state agency or political
subdivision of the state may not obtain a fee title or an
easement that would significantly prevent the construction of a
reservoir on a site designated by the legislature under this
subsection.
(g-1) Notwithstanding any other provisions of law, a site is
considered to be a designated site of unique value for the
construction of a reservoir if the site is recommended for
designation in the 2007 state water plan adopted by the board and
in effect on May 1, 2007. The designation of a unique reservoir
site under this subsection terminates on September 1, 2015,
unless there is an affirmative vote by a proposed project sponsor
to make expenditures necessary in order to construct or file
applications for permits required in connection with the
construction of the reservoir under federal or state law.
(h) The board, the commission, or the Parks and Wildlife
Department or a political subdivision affected by an action taken
in violation of Subsection (f) or (g) may bring a cause of action
to remedy or prevent the violation. A cause of action brought
under this subsection must be filed in a district court in Travis
County or in the county in which the action is proposed or
occurring.
(i) For purposes of this section, the acquisition of fee title
or an easement by a political subdivision for the purpose of
providing retail public utility service to property in the
reservoir site or allowing an owner of property in the reservoir
site to improve or develop the property may not be considered a
significant impairment that prevents the construction of a
reservoir site under Subsection (g). A fee title or easement
acquired under this subsection may not be considered the basis
for preventing the future acquisition of land needed to construct
a reservoir on a designated site.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.046, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 516, Sec. 4, eff. Sept.
1, 1991; Acts 1997, 75th Leg., ch. 1010, Sec. 1.01, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 456, Sec. 4, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 979, Sec. 4, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1223, Sec. 2, eff. June 18, 1999; Acts 2001,
77th Leg., ch. 966, Sec. 2.16, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 3.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 4.01, eff. June 16, 2007.
Sec. 16.053. REGIONAL WATER PLANS. (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 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.
(b) No later than September 1, 1998, the board shall designate
the areas for which regional water plans shall be developed,
taking into consideration such factors as river basin and aquifer
delineations, water utility development patterns, socioeconomic
characteristics, existing regional water planning areas,
political subdivision boundaries, public comment, and other
factors the board deems relevant. The board shall review and
update the designations as necessary but at least every five
years.
(c) No later than 60 days after the designation of the regions
under Subsection (b), the board shall designate representatives
within each regional water planning area to serve as the initial
coordinating body for planning. The initial coordinating body may
then designate additional representatives to serve on the
regional water planning group. The initial coordinating body
shall designate additional representatives if necessary to ensure
adequate representation from the interests comprising that
region, including the public, counties, municipalities,
industries, agricultural interests, environmental interests,
small businesses, electric generating utilities, river
authorities, water districts, and water utilities. The regional
water planning group shall maintain adequate representation from
those interests. In addition, representatives of the board, the
Parks and Wildlife Department, and the Department of Agriculture
shall serve as ex officio members of each regional water planning
group.
(d) The board shall provide guidelines for the consideration of
existing regional planning efforts by regional water planning
groups. The board shall provide guidelines for the format in
which information shall be presented in the regional water plans.
(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);
(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 managed 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;
(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; and
(8) describes the impact of proposed water projects on water
quality.
(e-1) On request of the Texas Water Advisory Council, a regional
planning group shall provide the council a copy of that planning
group's regional water plan.
(f) No later than September 1, 1998, the board shall adopt
rules:
(1) to provide for the procedures for adoption of regional water
plans by regional water planning groups and for approval of
regional water plans by the board; and
(2) to govern procedures to be followed in carrying out the
responsibilities of this section.
(g) The board shall provide technical and financial assistance
to the regional water planning groups in the development of their
plans. The board shall simplify, as much as possible, planning
requirements in regions with abundant water resources. The board,
if requested, may facilitate resolution of conflicts within
regions.
(h)(1) Prior to the preparation of the regional water plan, the
regional water planning group shall, after notice, hold at least
one public meeting at some central location within the regional
planning area to gather suggestions and recommendations from the
public as to issues that should be addressed in the plan or
provisions that should be considered for inclusion in the plan.
(2) The regional water planning group shall provide an ongoing
opportunity for public input during the preparation of the
regional water plan.
(3) After the regional water plan is initially prepared, the
regional water planning group shall, after notice, hold at least
one public hearing at some central location within the regional
water planning area. The group shall make copies of the plan
available for public inspection at least one month before the
hearing by providing a copy of the plan in the county courthouse
and at least one public library of each county having land in the
region. Notice for the hearing shall include a listing of these
and any other location where the plan is available for review.
(4) After the regional water plan is initially prepared, the
regional water planning group shall submit a copy of the plan to
the board. The board shall submit comments on the regional water
plan as to whether the plan meets the requirements of Subsection
(e) of this section.
(5) If no interregional conflicts exist, the regional water
planning group shall consider all public and board comments;
prepare, revise, and adopt the final plan; and submit the adopted
plan to the board for approval and inclusion in the state water
plan.
(6) If an interregional conflict exists, the board shall
facilitate coordination between the involved regions to resolve
the conflict. If conflict remains, the board shall resolve the
conflict. On resolution of the conflict, the involved regional
water planning groups shall prepare revisions to their respective
plans and hold, after notice, at least one public hearing at some
central location within their respective regional water planning
areas. The regional water planning groups shall consider all
public and board comments; prepare, revise, and adopt their
respective plans; and submit their plans to the board for
approval and inclusion in the state water plan.
(7) The board may approve a regional water plan only after it
has determined that:
(A) all interregional conflicts involving that regional water
planning area have been resolved;
(B) the plan includes water conservation practices and drought
management measures incorporating, at a minimum, the provisions
of Sections 11.1271 and 11.1272; and
(C) the plan is consistent with long-term protection of the
state's water resources, agricultural resources, and natural
resources as embodied in the guidance principles adopted under
Section 16.051(d).
(8) Notice required by Subdivision (1), (3), or (6) of this
subsection must be:
(A) published once in a newspaper of general circulation in each
county located in whole or in part in the regional water planning
area before the 30th day preceding the date of the public meeting
or hearing; and
(B) mailed to:
(i) each mayor of a municipality with a population of 1,000 or
more that is located in whole or in part in the regional water
planning area;
(ii) each county judge of a county located in whole or in part
in the regional water planning area;
(iii) each special or general law district or river authority
with responsibility to manage or supply water in the regional
water planning area;
(iv) each retail public utility that:
(a) serves any part of the regional water planning area; or
(b) receives water from the regional water planning area; and
(v) each holder of record of a permit, certified filing, or
certificate of adjudication for the use of surface water the
diversion of which occurs in the regional water planning area.
(9) Notice published or mailed under Subdivision (8) of this
subsection must contain:
(A) the date, time, and location of the public meeting or
hearing;
(B) a summary of the proposed action to be taken;
(C) the name, telephone number, and address of the person to
whom questions or requests for additional information may be
submitted; and
(D) information on how the public may submit comments.
(10) The regional water planning group may amend the regional
water plan after the plan has been approved by the board.
Subdivisions (1)-(9) apply to an amendment to the plan in the
same manner as those subdivisions apply to the plan.
(11) This subdivision applies only to an amendment to a regional
water plan approved by the board. This subdivision does not
apply to the adoption of a subsequent regional water plan for
submission to the board as required by Subsection (i).
Notwithstanding Subdivision (10), the regional water planning
group may amend the plan in the manner provided by this
subdivision if the executive administrator makes a written
determination that the proposed amendment qualifies for adoption
in the manner provided by this subdivision before the regional
water planning group votes on adoption of the amendment. A
proposed amendment qualifies for adoption in the manner provided
by this subdivision only if the amendment is a minor amendment,
as defined by board rules, that will not result in the
overallocation of any existing or planned source of water, does
not relate to a new reservoir, and will not have a significant
effect on instream flows or freshwater inflows to bays and
estuaries. If the executive administrator determines that a
proposed amendment qualifies for adoption in the manner provided
by this subdivision, the regional water planning group may adopt
the amendment at a public meeting held in accordance with Chapter
551, Government Code. The proposed amendment must be placed on
the agenda for the meeting, and notice of the meeting must be
given in the manner provided by Chapter 551, Government Code, at
least two weeks before the date the meeting is held. The public
must be provided an opportunity to comment on the proposed
amendment at the meeting.
(i) The regional water planning groups shall submit their
adopted regional water plans to the board by January 5, 2001, for
approval and inclusion in the state water plan. In conjunction
with the submission of regional water plans, each planning group
should make legislative recommendations, if any, to facilitate
more voluntary water transfers in the region. Subsequent regional
water plans shall be submitted at least every five years
thereafter. Public participation for revised regional plans shall
follow the procedures under Subsection (h).
(j) The board may provide financial assistance to political
subdivisions under Subchapters E and F of this chapter,
Subchapters C, D, E, F, J, O, Q, and R, Chapter 15, and
Subchapters D, I, K, and L, Chapter 17, for water supply projects
only if:
(1) the board determines that the needs to be addressed by the
project will be addressed in a manner that is consistent with the
state water plan;
(2) beginning January 5, 2002, the board:
(A) has approved a regional water plan as provided by Subsection
(i), and any required updates of the plan, for the region of the
state that includes the area benefiting from the proposed
project; and
(B) determines that the needs to be addressed by the project
will be addressed in a manner that is consistent with that
regional water plan; and
(3) the board finds that the water audit required under Section
16.0121 has been completed and filed.
(k) The board may waive the requirements of Subsection (j) of
this section if the board determines that conditions warrant the
waiver.
(l) A political subdivision may contract with a regional water
planning group to assist the regional water planning group in
developing or revising a regional water plan.
(m) A cause of action does not accrue against a regional water
planning group, a representative who serves on the regional water
planning group, or an employee of a political subdivision that
contracts with the regional water planning group under Subsection
(l) for an act or omission in the course and scope of the
person's work relating to the regional water planning group.
(n) A regional water planning group, a representative who serves
on the regional water planning group, or an employee of a
political subdivision that contracts with the regional water
planning group under Subsection (l) is not liable for damages
that may arise from an act or omission in the course and scope of
the person's work relating to the regional water planning group.
(o) The attorney general, on request, shall represent a regional
water planning group, a representative who serves on the regional
water planning group, or an employee of a political subdivision
that contracts with the regional water planning group under
Subsection (l) in a suit arising from an act or omission relating
to the regional water planning group.
(p) If a groundwater conservation district files a petition with
the development board stating that a conflict requiring
resolution may exist between the district's approved management
plan developed under Section 36.1071 and an approved state water
plan, the development board shall provide technical assistance to
and facilitate coordination between the district and the involved
region to resolve the conflict. Not later than the 45th day
after the date the groundwater conservation district files a
petition with the development board, if the conflict has not been
resolved, the district and the involved region shall mediate the
conflict. The district and the involved region may seek the
assistance of the Center for Public Policy Dispute Resolution at
The University of Texas School of Law or an alternative dispute
resolution system established under Chapter 152, Civil Practice
and Remedies Code, in obtaining a qualified impartial third party
to mediate the conflict. The cost of the mediation services must
be specified in the agreement between the parties and the Center
for Public Policy Dispute Resolution or the alternative dispute
resolution system. If the district and the involved region
cannot resolve the conflict through mediation, the development
board shall resolve the conflict not later than the 60th day
after the date the mediation is completed as provided by
Subsections (p-1) and (p-2).
(p-1) If the development board determines that resolution of the
conflict requires a revision of an approved regional water plan,
the development board shall suspend the approval of that plan and
provide information to the regional water planning group. The
regional water planning group shall prepare any revisions to its
plan specified by the development board and shall hold, after
notice, at least one public hearing at some central location
within the regional water planning area. The regional water
planning group shall consider all public and development board
comments, prepare, revise, and adopt its plan, and submit the
revised plan to the development board for approval and inclusion
in the state water plan.
(p-2) If the development board determines that resolution of the
conflict requires a revision of the district's approved
groundwater conservation district management plan, the
development board shall provide information to the district. The
groundwater district shall prepare any revisions to its plan
based on the information provided by the development board and
shall hold, after notice, at least one public hearing at some
central location within the district. The groundwater district
shall consider all public and development board comments,
prepare, revise, and adopt its plan, and submit the revised plan
to the development board.
(p-3) If the groundwater conservation district disagrees with
the decision of the development board under Subsection (p), the
district may appeal the decision to a district court in Travis
County. Costs for the appeal shall be set by the court hearing
the appeal. An appeal under this subsection is by trial de novo.
(p-4) On the request of the involved region or groundwater
conservation district, the development board shall include
discussion of the conflict and its resolution in the state water
plan that the development board provides to the governor, the
lieutenant governor, and the speaker of the house of
representatives under Section 16.051(e).
(q) Each regional planning group shall examine the financing
needed to implement the water management strategies and projects
identified in the group's most recent approved regional plan and,
not later than June 1, 2002, shall report to the board regarding:
(1) how local governments, regional authorities, and other
political subdivisions in the region propose to pay for water
infrastructure projects identified in the plan; and
(2) what role the regional planning group proposes for the state
in financing projects identified in the plan, giving particular
attention to proposed increases in the level of state
participation in funding for regional projects to meet needs
beyond the reasonable financing capability of local governments,
regional authorities, and other political subdivisions involved
in building water infrastructure.
Text of subsection as added by Acts 2005, 79th Leg., R.S., Ch.
1200, Sec. 1
(r) Information described by Subsection (e)(3)(D) that is
included in a regional water plan submitted to the board is
excepted from required disclosure under the public information
law, Chapter 552, Government Code.
Text of subsection as added by Acts 2005, 79th Leg., R.S., Ch.
1097, Sec. 8 and amended by Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.15
(r) The board by rule shall provide for reasonable flexibility
to allow for a timely amendment of a regional water plan, the
board's approval of an amended regional water plan, and the
amendment of the state water plan. If an amendment under this
subsection is to facilitate planning for water supplies
reasonably required for a clean coal project, as defined by
Section 5.001, the rules may allow for amending a regional water
plan without providing notice and without a public meeting or
hearing under Subsection (h) if the amendment does not:
(1) significantly change the regional water plan, as reasonably
determined by the board; or
(2) adversely affect other water management strategies in the
regional water plan.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.047, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, Sec. 1.02, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 456, Sec. 5, eff. June
18, 1999; Acts 1999, 76th Leg., ch. 979, Sec. 5, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 1180, Sec. 1, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 1222, Sec. 2, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1223, Sec. 3, eff. June 18, 1999; Acts 2001,
77th Leg., ch. 966, Sec. 2.17 to 2.19, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1234, Sec. 25, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 744, Sec. 2, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1057, Sec. 5, eff. June 20, 2003; Acts 2003, 78th
Leg., ch. 1275, Sec. 3(45), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
970, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1097, Sec. 8, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch.
1200, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.14, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.15, eff. September 1, 2007.
Sec. 16.054. LOCAL WATER PLANNING. (a) Notwithstanding the
provisions of this subsection, groundwater districts are the
state's preferred method of managing groundwater resources. It is
the policy of the state that water resource management, water
conservation, and drought planning should occur on an ongoing
basis. The board, commission, and Parks and Wildlife Department
shall make available where appropriate technical and financial
assistance for such planning. In addition, the Department of
Agriculture may provide input and assistance, as appropriate, for
local water planning.
(b) Local plans may be submitted to the appropriate regional
water planning group for the area as follows:
(1) holders of existing permits, certified filings, or
certificates of adjudication for the appropriation of surface
water in the amount of 1,000 acre-feet a year or more may submit
plans required by Section 11.1271 of this code;
(2) retail and wholesale public water suppliers and irrigation
districts may submit plans required by Section 11.1272 of this
code;
(3) groundwater districts may submit management plans certified
under Section 36.1072 of this code; and
(4) special districts may submit conservation or management
plans required by general or special law.
(c) When preparing a plan to be submitted under this section, a
person shall consider the implementation of a desalination
program if practicable.
(d) The regional water planning group shall consider any plan
submitted under this section when preparing the regional water
plan under Section 16.053 of this code. A political subdivision,
including a groundwater conservation district, in the regional
water planning area may request a regional water planning group
to consider specific changes to a regional water plan based on
changed conditions or new information. The regional water
planning group shall consider the request and shall amend its
regional water plan if it determines that an amendment is
warranted. If the entity requesting the change is dissatisfied
with the decision of the regional planning group, the entity may
request that the board review the decision and consider changing
the state-approved regional plan.
(e) After January 5, 2002, when preparing individual water plans
that address drought or the development, management, or
conservation of water resources from the holders of existing
permits, certified filings, or certificates of adjudication, the
water suppliers, special districts, irrigation districts, and
other water users should ensure that the plan is not in conflict
with the applicable approved regional water plan for their
region.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.047, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, Sec. 1.02, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 456, Sec. 6, eff. June
18, 1999; Acts 1999, 76th Leg., ch. 979, Sec. 6, eff. June 18,
1999; Acts 2001, 77th Leg., ch. 966, Sec. 2.20, eff. Sept. 1,
2001.
Sec. 16.055. DROUGHT RESPONSE PLAN. (a) The chief of the Texas
Division of Emergency Management is the state drought manager.
The state drought manager is responsible for managing and
coordinating the drought response component of the state water
plan.
(b) The drought preparedness council is created and shall meet
as necessary to carry out the provisions of this section. The
council is composed of one representative from each of the
following entities, appointed by the administrative head of that
entity:
(1) the Texas Division of Emergency Management;
(2) the board;
(3) the commission;
(4) the Parks and Wildlife Department;
(5) the Department of Agriculture;
(6) the Texas AgriLife Extension Service;
(7) the State Soil and Water Conservation Board;
(8) the Texas Department of Housing and Community Affairs;
(9) the Texas Forest Service;
(10) the Texas Department of Transportation;
(11) the Texas Department of Economic Development; and
(12) a representative of groundwater management interests who is
appointed by the governor.
(c) The governor may designate any other person or a
representative of any other entity to serve on the drought
preparedness council.
(d) The state drought manager shall serve as chair of the
drought preparedness council.
(e) The drought preparedness council shall be responsible for:
(1) the assessment and public reporting of drought monitoring
and water supply conditions;
(2) advising the governor on significant drought conditions;
(3) recommending specific provisions for a defined state
response to drought-related disasters for inclusion in the state
emergency management plan and the state water plan;
(4) advising the regional water planning groups on
drought-related issues in the regional water plans;
(5) ensuring effective coordination among state, local, and
federal agencies in drought-response planning; and
(6) reporting to the legislature, not later than January 15 of
each odd-numbered year, regarding significant drought conditions
in the state.
(f) In performing its duties under this section, the drought
preparedness co