By Brown                                               S.B. No. 657
         76R3930 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the development of water management strategies for
 1-3     periods of drought.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 16.012(h), Water Code, is amended to read
 1-6     as follows:
 1-7           (h)  Within 90 days of completing a water availability model
 1-8     for a river basin, the commission shall provide to all holders of
 1-9     existing permits, certified filings, and certificates of
1-10     adjudication in that river basin the projected amount of water that
1-11     would be available[:] during a drought of record[; when flows are
1-12     at 75 percent of normal; and when flows are at 50 percent of
1-13     normal].
1-14           SECTION 2.  Section 16.053(e), Water Code, is amended to read
1-15     as follows:
1-16           (e)  Each regional water planning group shall submit to the
1-17     board a regional water plan that:
1-18                 (1)  is consistent with the guidance principles for the
1-19     state water plan adopted by the board under Section 16.051(d) [of
1-20     this code];
1-21                 (2)  provides information based on data provided or
1-22     approved by the board in a format consistent with the guidelines
1-23     provided by the board under Subsection (d) [of this section];
1-24                 (3)  identifies:
 2-1                       (A)  each source of water supply in the regional
 2-2     planning area in accordance with the guidelines provided by the
 2-3     board under Subsection (d);
 2-4                       (B)  factors specific to each source of water
 2-5     supply to be considered in determining whether to initiate a
 2-6     drought response; and
 2-7                       (C)  actions to be taken as part of the response;
 2-8                 (4)  has specific provisions for water management
 2-9     strategies to be used[:]
2-10                       [(A)]  during a drought of record;
2-11                       [(B)  when flows are at 75 percent of normal; and]
2-12                       [(C)  when flows are at 50 percent of normal;]
2-13                 (5) [(4)]  includes but is not limited to consideration
2-14     of the following:
2-15                       (A)  any existing water or drought planning
2-16     efforts addressing all or a portion of the region;
2-17                       (B)  certified groundwater conservation district
2-18     management plans and other plans submitted under Section 16.054 [of
2-19     this code];
2-20                       (C)  all potentially feasible water management
2-21     strategies, including but not limited to improved conservation,
2-22     reuse, and management of existing water supplies, acquisition of
2-23     available existing water supplies, and development of new water
2-24     supplies;
2-25                       (D)  protection of existing water rights in the
2-26     region;
2-27                       (E)  opportunities for and the benefits of
 3-1     developing regional water supply facilities or providing regional
 3-2     management of water supply facilities;
 3-3                       (F)  appropriate provision for environmental
 3-4     water needs and for the effect of upstream development on the bays,
 3-5     estuaries, and arms of the Gulf of Mexico and the effect of plans
 3-6     on navigation;
 3-7                       (G)  provisions in Section 11.085(k)(1) [of this
 3-8     code] if interbasin transfers are contemplated;
 3-9                       (H)  voluntary transfer of water within the
3-10     region using, but not limited to, regional water banks, sales,
3-11     leases, options, subordination agreements, and financing
3-12     agreements; and
3-13                       (I)  emergency transfer of water under Section
3-14     11.139 [of this code], including information on the part of each
3-15     permit, certified filing, or certificate of adjudication for
3-16     nonmunicipal use in the region that may be transferred without
3-17     causing unreasonable damage to the property of the nonmunicipal
3-18     water rights holder; and
3-19                 (6) [(5)]  identifies river and stream segments of
3-20     unique ecological value and sites of unique value for the
3-21     construction of reservoirs that the regional water planning group
3-22     recommends for protection under Section 16.051 [of this code].
3-23           SECTION 3.  The importance of this legislation and the
3-24     crowded condition of the calendars in both houses create an
3-25     emergency and an imperative public necessity that the
3-26     constitutional rule requiring bills to be read on three several
3-27     days in each house be suspended, and this rule is hereby suspended,
 4-1     and that this Act take effect and be in force from and after its
 4-2     passage, and it is so enacted.