CHAPTER 16. PROVISIONS GENERALLY APPLICABLE TO WATER DEVELOPMENT

State Codes and Statutes

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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.

(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.

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.

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.

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;

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.

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.

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.

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.

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;

(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;

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

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;

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.

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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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