1-1     By:  Brown                                            S.B. No. 1310
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 6, 1999, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to providing for representation of agricultural interests
 1-9     in water resource planning and management.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (h), Section 15.4061, Water Code, is
1-12     amended to read as follows:
1-13           (h)  The board shall require that regional water plans
1-14     developed or revised under contracts entered into under this
1-15     section be made available to the commission, the Department of
1-16     Agriculture, and the Parks and Wildlife Department.
1-17           SECTION 2.  Subsection (c), Section 15.7031, Water Code, is
1-18     amended to read as follows:
1-19           (c)  The dedication of any water rights placed in trust must
1-20     be reviewed and approved by the commission, in consultation with
1-21     the board and the Parks and Wildlife Department.  In addition, the
1-22     Department of Agriculture may provide input to the commission, as
1-23     appropriate, during the review and approval process for dedication
1-24     of water rights.
1-25           SECTION 3.  Subsections (c) and (j), Section 16.012, Water
1-26     Code, are amended to read as follows:
1-27           (c)  In performing the duties required under Subdivisions
1-28     (1), (4), (5), (6), and (7) of Subsection (b), the executive
1-29     administrator shall consider advice from the Parks and Wildlife
1-30     Department.  In addition, the Department of Agriculture may provide
1-31     advice to the executive administrator, where appropriate, regarding
1-32     any of the duties to be performed under Subsection (b).
1-33           (j)  Within 90 days of completing a water availability model
1-34     for a river basin, the commission, in coordination with the Parks
1-35     and Wildlife Department and with input from the Department of
1-36     Agriculture, where appropriate, shall determine the potential
1-37     impact of reusing municipal and industrial effluent on existing
1-38     water rights, instream uses, and freshwater inflows to bays and
1-39     estuaries.  Within 30 days of making this determination, the
1-40     commission shall provide the projections to the board and each
1-41     regional water planning group created under Section 16.053 of this
1-42     code in that river basin.
1-43           SECTION 4.  Subsection (d), Section 16.051, Water Code, is
1-44     amended to read as follows:
1-45           (d)  The board, in coordination with the commission, the
1-46     Department of Agriculture, and the Parks and Wildlife Department,
1-47     shall adopt by rule guidance principles for the state water plan
1-48     which reflect the public interest of the entire state.  When
1-49     adopting guidance principles, due consideration shall be given to
1-50     the construction and improvement of surface water resources and the
1-51     application of principles that result in voluntary redistribution
1-52     of water resources.  The board shall review and update the guidance
1-53     principles, with input from the commission, the Department of
1-54     Agriculture, and the Parks and Wildlife Department, as necessary
1-55     but at least every five years to coincide with the five-year cycle
1-56     for adoption of a new water plan as described in Subsection (a).
1-57           SECTION 5.  Subsection (c), Section 16.053, Water Code, is
1-58     amended to read as follows:
1-59           (c)  No later than 60 days after the designation of the
1-60     regions under Subsection (b) [of this section], the board shall
1-61     designate representatives within each regional water planning area
1-62     to serve as the initial coordinating body for planning.  The
1-63     initial coordinating body may [shall] then designate additional
1-64     representatives to serve on the regional water planning group.  The
 2-1     initial coordinating body shall designate additional
 2-2     representatives if necessary to ensure[, ensuring] adequate
 2-3     representation from the interests comprising that region, including
 2-4     [but not limited to] the public, counties, municipalities,
 2-5     industries, agricultural interests, environmental interests, small
 2-6     businesses, electric generating utilities, river authorities, water
 2-7     districts, and water utilities.  The regional water planning group
 2-8     shall maintain adequate representation from those interests.  In
 2-9     addition, representatives of the board, the Parks and Wildlife
2-10     Department, and the Department of Agriculture shall serve as ex
2-11     officio members of each regional water planning group.
2-12           SECTION 6.  Subsection (a), Section 16.054, Water Code, is
2-13     amended to read as follows:
2-14           (a)  It is the policy of the state that water resource
2-15     management, water conservation, and drought planning should occur
2-16     on an ongoing basis.  The board, commission, and Parks and Wildlife
2-17     Department shall make available where appropriate technical and
2-18     financial assistance for such planning.  In addition, the
2-19     Department of Agriculture may provide input and assistance, as
2-20     appropriate, for such planning.
2-21           SECTION 7.  Section 17.895, Water Code, is amended by adding
2-22     Subsection (d) to read as follows:
2-23           (d)  For purposes of this section, the board or lender
2-24     districts may seek the advice of the Department of Agriculture
2-25     regarding the feasibility of a project for which a conservation
2-26     loan is sought.
2-27           SECTION 8.  Subsection (a), Section 26.121, Water Code, is
2-28     amended to read as follows:
2-29           (a)  Except as authorized by the commission, no person may:
2-30                 (1)  discharge sewage, municipal waste, recreational
2-31     waste, agricultural waste, or industrial waste into or adjacent to
2-32     any water in the state;
2-33                 (2)  discharge other waste into or adjacent to any
2-34     water in the state which in itself or in conjunction with any other
2-35     discharge or activity causes, continues to cause, or will cause
2-36     pollution of any of the water in the state, unless the discharge
2-37     complies with a person's:
2-38                       (A)  certified water quality management plan
2-39     approved by the State Soil and Water Conservation Board as provided
2-40     by Section 201.026, Agriculture Code; or
2-41                       (B)  water pollution and abatement plan approved
2-42     by the commission; or
2-43                 (3)  commit any other act or engage in any other
2-44     activity which in itself or in conjunction with any other discharge
2-45     or activity causes, continues to cause, or will cause pollution of
2-46     any of the water in the state, unless the activity is under the
2-47     jurisdiction of the Parks and Wildlife Department, the General Land
2-48     Office, the Department of Agriculture, or the Railroad Commission
2-49     of Texas, in which case this subdivision does not apply.
2-50           SECTION 9.  Section 26.127, Water Code, is amended to read as
2-51     follows:
2-52           Sec. 26.127.  Commission as Principal Authority.  (a)   The
2-53     commission is the principal authority in the state on matters
2-54     relating to the quality of the water in the state.  The executive
2-55     director has the responsibility for establishing a water quality
2-56     sampling and monitoring program for the state.  All other state
2-57     agencies engaged in water quality or water pollution control
2-58     activities shall coordinate those activities with the commission.
2-59           (b)  The executive director may, on behalf of and with the
2-60     consent of the commission, enter into contracts or other agreements
2-61     with the Department of Agriculture for purposes of obtaining
2-62     laboratory services for water quality testing.
2-63           SECTION 10.  Subsection (e), Section 35.007, Water Code, is
2-64     amended to read as follows:
2-65           (e)  The executive director shall request a study from the
2-66     executive director of the Parks and Wildlife Department for the
2-67     purpose of preparing the report required by this section.  The
2-68     Department of Agriculture may also provide input to the executive
2-69     director for purposes of the report.  The study must:
 3-1                 (1)  evaluate the potential effects of the designation
 3-2     of a priority groundwater management area on an area's natural
 3-3     resources; and
 3-4                 (2)  be completed and delivered to the executive
 3-5     director on or before the 180th day following the date of the
 3-6     request.  If the study is not delivered within this 180-day period,
 3-7     the executive director may proceed with the preparation of the
 3-8     report.
 3-9           SECTION 11.  Subsection (d), Section 35.012, Water Code, is
3-10     amended to read as follows:
3-11           (d)  The commission shall identify the areas subject to the
3-12     order of the commission issued under Subsection (b) that have not
3-13     been incorporated into a district and shall delineate proposed
3-14     boundaries of a district to include those areas.  If the commission
3-15     proposes the creation of one or more districts, the Texas
3-16     Agricultural Extension Service shall begin an educational program
3-17     within such areas with the assistance and cooperation of the Texas
3-18     Water Development Board, the commission, the Department of
3-19     Agriculture, other state agencies, and existing districts to inform
3-20     the residents of the status of the area's water resources and
3-21     management options including possible formation of a district,
3-22     before beginning the procedures for creation of a district provided
3-23     in Subchapter B, Chapter 36.
3-24           SECTION 12.  Subsection (d), Section 35.013, Water Code, is
3-25     amended to read as follows:
3-26           (d)  If the board votes to accept the addition of the
3-27     priority groundwater management area to the district, the board:
3-28                 (1)  may request the Texas Agricultural Extension
3-29     Service, the commission, and the Texas Water Development Board,
3-30     with the cooperation and assistance of the Department of
3-31     Agriculture and other state agencies, to administer an educational
3-32     program to inform the residents of the status of the area's water
3-33     resources and management options including possible annexation into
3-34     a district;
3-35                 (2)  shall call an election within the priority
3-36     groundwater management area as delineated by the commission to
3-37     determine if the priority groundwater management area will be added
3-38     to the district; and
3-39                 (3)  shall designate election precincts and polling
3-40     places for the elections in the order calling an election under
3-41     this subsection.
3-42           SECTION 13.  The importance of this legislation and the
3-43     crowded condition of the calendars in both houses create an
3-44     emergency and an imperative public necessity that the
3-45     constitutional rule requiring bills to be read on three several
3-46     days in each house be suspended, and this rule is hereby suspended,
3-47     and that this Act take effect and be in force from and after its
3-48     passage, and it is so enacted.
3-49                                  * * * * *