H.B. No. 807

	AN ACT
	relating to the state and regional water planning process.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 16, Water Code, is amended
	by adding Section 16.052 to read as follows:
	Sec. 16.052.  INTERREGIONAL PLANNING COUNCIL. (a)  The
	board, at an appropriate time in each five-year cycle for the
	adoption of a new state water plan, shall appoint an interregional
	planning council. The members of the council serve until a new
	state water plan is adopted.
	(b)  The council consists of one member of each regional
	water planning group. Each regional water planning group shall
	nominate one or more members for appointment to the council, and the
	board shall consider the nominations in making appointments to the
	council.
	(c)  The purposes of the council are to:
	(1)  improve coordination among the regional water
	planning groups, and between each regional water planning group and
	the board, in meeting the goals of the state water planning process
	and the water needs of the state as a whole;
	(2)  facilitate dialogue regarding water management
	strategies that could affect multiple regional water planning
	areas; and
	(3)  share best practices regarding operation of the
	regional water planning process.
	(d)  The council shall:
	(1)  hold at least one public meeting; and
	(2)  prepare a report to the board on the council's
	work.
	SECTION 2.  Sections 16.053(e) and (i), Water Code, are
	amended to read as follows:
	(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);
	(2-a) is consistent with the desired future conditions
	adopted under Section 36.108 for the relevant aquifers located in
	the regional water planning area as of the most recent deadline for
	the board to adopt the state water plan under Section 16.051 or, at
	the option of the regional water planning group, established
	subsequent to the adoption of the most recent plan; provided,
	however, that if no groundwater conservation district exists within
	the area of the regional water planning group, the regional water
	planning group shall determine the supply of groundwater for
	regional planning purposes; the Texas Water Development Board shall
	review and approve, prior to inclusion in the regional water plan,
	that the groundwater supply for the regional planning group without
	a groundwater conservation district in its area is physically
	compatible, using the board's groundwater availability models,
	with the desired future conditions adopted under Section 36.108 for
	the relevant aquifers in the groundwater management area that are
	regulated by groundwater conservation districts;
	(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 modeled 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; and
	(E)  unnecessary or counterproductive variations
	in specific drought response strategies, including outdoor
	watering restrictions, among user groups in the regional water
	planning area that may confuse the public or otherwise impede
	drought response efforts;
	(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 and potential
	impacts on public health, safety, or welfare in this state;
	(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;
	(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; and
	(J)  opportunities for and the benefits of
	developing large-scale desalination facilities for:
	(i)  marine seawater that serve local or
	regional entities; and
	(ii)  [seawater or] brackish groundwater
	that serve local or regional brackish groundwater production zones
	identified and designated under Section 16.060(b)(5);
	(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;
	(8)  describes the impact of proposed water projects on
	water quality; [and]
	(9)  includes information on:
	(A)  projected water use and conservation in the
	regional water planning area; and
	(B)  the implementation of state and regional
	water plan projects, including water conservation strategies,
	necessary to meet the state's projected water demands;
	(10)  if the regional water planning area has
	significant identified water needs, provides a specific assessment
	of the potential for aquifer storage and recovery projects to meet
	those needs;
	(11)  sets one or more specific goals for gallons of
	water use per capita per day in each decade of the period covered by
	the plan for the municipal water user groups in the regional water
	planning area; and
	(12)  assesses the progress of the regional water
	planning area in encouraging cooperation between water user groups
	for the purpose of achieving economies of scale and otherwise
	incentivizing strategies that benefit the entire region.
	(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 or for any other changes
	that the members of the planning group believe would improve the
	water planning process. Subsequent regional water plans shall be
	submitted at least every five years thereafter, except that a
	regional water planning group may elect to implement simplified
	planning, no more often than every other five-year planning cycle,
	and in accordance with guidance to be provided by the board, if the
	group determines that, based on its own initial analyses using
	updated groundwater and surface water availability information,
	there are no significant changes to the water availability, water
	supplies, or water demands in the regional water planning area. At
	a minimum, simplified planning will require updating groundwater
	and surface water availability values in the regional water plan,
	meeting any other new statutory or other planning requirements that
	come into effect during each five-year planning cycle, and formally
	adopting and submitting the regional water plan for approval.
	Public participation for revised regional plans shall follow the
	procedures under Subsection (h).
	SECTION 3.  The Texas Water Development Board shall appoint
	the members of the initial interregional planning council under
	Section 16.052, Water Code, as added by this Act, not later than
	September 1, 2020.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 807 was passed by the House on April
	2, 2019, by the following vote:  Yeas 146, Nays 1, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 807 was passed by the Senate on May
	21, 2019, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor