1-1     By:  Brown                                             S.B. No. 657
 1-2           (In the Senate - Filed February 23, 1999; February 25, 1999,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     March 4, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; March 4, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 657                    By:  Brown
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the development of water management strategies for
1-11     periods of drought.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (h), Section 16.012, Water Code, is
1-14     amended to read as follows:
1-15           (h)  Within 90 days of completing a water availability model
1-16     for a river basin, the commission shall provide to all holders of
1-17     existing permits, certified filings, and certificates of
1-18     adjudication in that river basin the projected amount of water that
1-19     would be available[:] during a drought of record[; when flows are
1-20     at 75 percent of normal; and when flows are at 50 percent of
1-21     normal].
1-22           SECTION 2.  Subsection (e), Section 16.053, Water Code, is
1-23     amended to read as follows:
1-24           (e)  Each regional water planning group shall submit to the
1-25     board a regional water plan that:
1-26                 (1)  is consistent with the guidance principles for the
1-27     state water plan adopted by the board under Section 16.051(d) [of
1-28     this code];
1-29                 (2)  provides information based on data provided or
1-30     approved by the board in a format consistent with the guidelines
1-31     provided by the board under Subsection (d) [of this section];
1-32                 (3)  identifies:
1-33                       (A)  each source of water supply in the regional
1-34     water planning area in accordance with the guidelines provided by
1-35     the board under Subsections (d) and (f);
1-36                       (B)  factors specific to each source of water
1-37     supply to be considered in determining whether to initiate a
1-38     drought response; and
1-39                       (C)  actions to be taken as part of the response;
1-40                 (4)  has specific provisions for water management
1-41     strategies to be used[:]
1-42                       [(A)]  during a drought of record[;]
1-43                       [(B)  when flows are at 75 percent of normal; and]
1-44                       [(C)  when flows are at 50 percent of normal];
1-45                 (5) [(4)]  includes but is not limited to consideration
1-46     of the following:
1-47                       (A)  any existing water or drought planning
1-48     efforts addressing all or a portion of the region;
1-49                       (B)  certified groundwater conservation district
1-50     management plans and other plans submitted under Section 16.054 [of
1-51     this code];
1-52                       (C)  all potentially feasible water management
1-53     strategies, including but not limited to improved conservation,
1-54     reuse, and management of existing water supplies, acquisition of
1-55     available existing water supplies, and development of new water
1-56     supplies;
1-57                       (D)  protection of existing water rights in the
1-58     region;
1-59                       (E)  opportunities for and the benefits of
1-60     developing regional water supply facilities or providing regional
1-61     management of water supply facilities;
1-62                       (F)  appropriate provision for environmental
1-63     water needs and for the effect of upstream development on the bays,
1-64     estuaries, and arms of the Gulf of Mexico and the effect of plans
 2-1     on navigation;
 2-2                       (G)  provisions in Section 11.085(k)(1) [of this
 2-3     code] if interbasin transfers are contemplated;
 2-4                       (H)  voluntary transfer of water within the
 2-5     region using, but not limited to, regional water banks, sales,
 2-6     leases, options, subordination agreements, and financing
 2-7     agreements; and
 2-8                       (I)  emergency transfer of water under Section
 2-9     11.139 [of this code], including information on the part of each
2-10     permit, certified filing, or certificate of adjudication for
2-11     nonmunicipal use in the region that may be transferred without
2-12     causing unreasonable damage to the property of the nonmunicipal
2-13     water rights holder; and
2-14                 (6) [(5)]  identifies river and stream segments of
2-15     unique ecological value and sites of unique value for the
2-16     construction of reservoirs that the regional water planning group
2-17     recommends for protection under Section 16.051 [of this code].
2-18           SECTION 3.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended,
2-23     and that this Act take effect and be in force from and after its
2-24     passage, and it is so enacted.
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