Part X.
Texas Water Development Board
Chapter 355.
Research and Planning Fund
Subchapter C. Regional Water Planning Grants
31 TAC §355.93, §355.100
The Texas Water Development Board (board) proposes amendments
to 31 TAC §355.93 and §355.100 concerning the Research and Planning
Fund. The proposed amendments to §355.93 delete paragraph (b)(4). This
paragraph was included to initially focus all regional water planning funds
on completion of plans that encompassed entire regional water planning areas,
rather than smaller geographic locations. Because the board has committed
funds for initial regional water plan development for all regional water planning
areas, the paragraph is no longer needed. Proposed amendments to §355.100
require regional water planning groups to make all work products available
to the Texas Department of Agriculture in addition to agencies already listed,
to reflect statutory changes made by Senate Bill 1310, 76th Texas Legislature,
Regular Session (1999).
Ms. Patricia Todd, Director of Accounting and Finance, has determined that
for the first five-year period these sections are in effect there will be
no fiscal implications on state and local government as a result of enforcement
and administration of the sections.
Ms. Todd has also determined that for the first five years the sections
as proposed are in effect the public benefit anticipated as a result of enforcing
the sections will be to eliminate restrictions on expenditure of regional
water planning funds which are no longer needed, and to accurately reflect
requirements for provision of reports as required by Senate Bill 1310.
Ms. Todd has determined there will be no economic costs to small businesses
or individuals required to comply with the sections as proposed.
Comments on the proposed amendments will be accepted for 30 days following
publication and may be submitted to Suzanne Schwartz (512) 463-7981, Texas
Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231, or by
fax at (512) 463-5580.
The amendments are proposed under the authority of the Texas
Water Code, §6.101, and §15.403, which provide the Texas Water Development
Board with the authority to adopt rules necessary to carry out the powers
and duties in the Texas Water Code, including Chapter 15, and other laws of
the State, and Texas Water Code §15.4061, which directs the board to
adopt rules establishing criteria for eligibility for regional water planning
money.
The statutory provision affected by the proposed amendments are Texas Water
Code, Chapter 15, Subchapter F.
§355.93. Eligibility.
(a)
(No Change.)
(b)
Activities. Those activities directly related and necessary
to the development or revision of regional water plans are eligible for funding
within the limits established in §355.99 of this title (relating to Funding
Limitations), with the exception of:
(1)
activities for which the board determines existing information
or data is sufficient for the planning effort including:
(A)
detailed evaluations of cost of water management strategies
where recent information for planning is available to evaluate the cost associated
with the strategy;
(B)
evaluations of groundwater resources for which current
information is available from the board or other entity sufficient for evaluation
of the resource;
(C)
determination of water savings resulting from standard
conservation practices for which current information is available from the
board;
(D)
revision of the state population and demand projections;
(E)
revision of state environmental planning criteria for
new surface water supply projects; and
(F)
collection of data describing groundwater or surface water
resources where information for evaluation of the resource is currently available;
(2)
activities directly related to the preparation
of applications for state or federal permits or other approvals, activities
associated with administrative or legal proceedings by regulatory agencies,
and preparation of engineering plans and specifications;
(3)
activities related to planning for individual system
facility needs other than identification of those facilities necessary to
transport water from the source of supply to a regional water treatment plant
or to a local distribution system; and
[
until September 1, 2000,
requests from eligible applicants to plan for areas smaller than the regional
water planning area in which it is located prior to the commitment of funds
by the board to develop a regional water plan for that regional water planning
area.]
(4)
[
(A)
compensation for the time or expenses of regional water
planning groups members' service on or for the regional water planning group;
(B)
costs of administering the regional water planning groups;
(C)
costs of public notice and meetings, including time and
expenses for attendance at such meetings;
(D)
costs for training;
(E)
costs of reviewing products developed due to this grant;
and
(F)
costs of administering the regional water planning grant
and associated contracts.
(c)-(d)
(No Change.)
§355.100. Availability of Reports and Planning Documents.
All reports, planning documents and any other work products resulting
from projects receiving board funding assistance must be made available to
the board, the Texas Parks and Wildlife Department,
Texas Department
of Agriculture,
and the Texas Natural Resource Conservation Commission
and one copy of the regional water plans placed in the county clerk's office
for each county and in at least one public library of each county having land
in the regional water planning area.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 14, 1999.
TRD-9904264
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: September 15, 1999
For further information, please call: (512) 463-7981
31 TAC §357.2, §357.4, §357.5, §357.7
The Texas Water Development Board (the board) proposes amendments
to 31 TAC §§357.2, 357.4, 357.5, and 357.7, concerning Regional
Planning Guidelines. The amendments are proposed to reflect changes made by
Senate Bills 272, 657, 658, and 1310, 76th Texas Legislature, 1999.
Senate Bill 657 eliminates requirements that regional water planning must
include water management strategies to be used when flows are at 50% and 75%
of normal. Consistent with such legislative change, amendments are proposed
to: §357.2 to eliminate the definitions of "Flows at 50% of normal" and
"Flows at 75% of normal;" and §357.5(e) and §357.7(a)(3) and (5)
to delete references to planning for such flow conditions. As a result, the
regional water planning groups will be required to prepare their regional
water plans only for drought of record conditions.
Senate Bill 657 also adds a requirement that regional water plans identify:
each source of water supply in the regional water planning area; factors specific
to each source of water supply to be considered in determining whether to
initiate a drought response; and actions to be taken as part of the response.
Section 357.5(e) imposes such additional requirements on development of the
regional water plans by regional water planning groups.
Senate Bills 272 and 1310 make changes to the appointment of additional
members of regional water planning groups by the initial coordinating body
named by the board. The bill makes it clear that the initial coordinating
body is not required to add additional members to serve on the regional water
planning group unless necessary to ensure adequate representation of interests
comprising the region. The bill also clarifies that the regional water planning
groups are required to maintain adequate representation of all interests comprising
the region. Amendments to §357.4 (c), (d), and (e) reflect these changes.
Senate Bill 658 extends the date by which each regional water planning
group must submit its regional water plan to the board from September 1, 2000
to January 5, 2001. Section 357.5(b) is amended to reflect such deadline change.
Amendment to §357.4(h)(3) deletes an unnecessary semicolon and is
not intended to produce any substantive change.
Ms. Patricia Todd, Director of Accounting and Finance, has determined that
for the first five-year period these sections are in effect there will be
no fiscal implications on state and local government as a result of enforcement
and administration of the sections.
Ms. Todd has also determined that for the first five years the sections
as proposed are in effect the public benefit anticipated as a result of enforcing
the sections will be to clarify the requirements for appointment of members
to regional water planning groups, to streamline the planning process by focusing
studies only on drought conditions, to provide for increased ability to respond
to drought conditions by requiring identification of trigger levels for drought
response and appropriate responses in the regional water plans, and to allow
for the preparation of more thorough regional water plans under extended deadline.
Ms. Todd has determined there will be no economic costs to small businesses
or individuals required to comply with the sections as proposed.
Comments on the proposed amendments will be accepted for 30 days following
publication and may be submitted to Suzanne Schwartz, (512) 463-7981, Texas
Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231, or by
fax at (512) 463-5580.
The amendments are proposed under the authority granted in Texas
Water Code, §6.101, which provides the board with the authority to adopt
rules necessary to carry out its powers and duties under the Texas Water Code
and laws of Texas, and under the authority of Texas Water Code, §16.053,
which requires the board to develop rules and guidelines to govern procedures
to be followed in carrying out the responsibilities in Texas Water Code, §16.053,
which responsibilities include designation of representatives for regional
water planning areas and procedures for adoption of regional water plans by
regional water planning groups.
The statutory provisions affected by the amendments are Texas Water Code,
§16.053.
§357.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise. Words
defined in the applicable provisions of the Texas Water Code, Chapter 16,
and not defined here shall have the meanings provided in Chapter 16.
(1)
Board - The Texas Water Development Board.
(2)
Drought of record - The period of time when natural
hydrological conditions provided the least amount of water supply.
(3)
Executive administrator - The executive administrator
of the board or a designated representative.
[
Flows at 50% of normal
- 50% of the amount of water normally in the water source.]
[
Flows at 75% of normal
- 75% of the amount of water normally in the water source.]
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
§357.4. Designation of Regional Water Planning Groups.
(a)-(b)
(No change.)
(c)
At the request of a majority of the members of an initial
coordinating body, or if a meeting has not been held within 30 days after
the effective date of the board's selection of an initial coordinating body,
the executive administrator may post and convene the first meeting of the
initial coordinating body. The executive administrator shall consult with
the initial coordinating body regarding an appropriate time and place for
such meeting. The initial coordinating body shall meet only in a meeting posted
and held according to the Texas Open Meetings Act. The initial coordinating
body shall designate
any
additional representatives by a vote of
two-thirds of the designated members of the initial coordinating body
, and shall ensure
[
(d)
The executive administrator will recognize a regional
water planning group after initial coordinating bodies [
(e)
A regional water planning group may at any time after
its formation add additional representatives to serve on the regional water
planning group
. The regional water planning group shall maintain
[
(f)-(g)
(No change.)
(h)
The regional water planning group, at its discretion may
add as non-voting members:
(1)
a representative designated by each state or nation that
shares water resources with the regional water planning area;
(2)
a representative designated by an entity with binational
authority, if the regional water planning area shares water resources with
another nation; and
(3)
a representative designated by state or federal agencies,
including Texas Natural Resource Conservation Commission[
(i)-(l)
(No change.)
§357.5. Guidelines for Development of Regional Water Plans.
(a)
(No change.)
(b)
Submittal of plan. The regional water planning group shall
prepare, adopt, and submit a regional water plan to the executive administrator
on or before
January 5, 2001
[
(c)-(d)
(No change.)
(e)
Plan development. In developing regional water plans,
regional water planning groups shall:
(1)
evaluate alternative water management strategies for effect
on environmental water needs including effect on instream flows and bays and
estuaries using environmental information resulting from site-specific studies,
or, in the absence of such information, using state environmental planning
criteria adopted by the board for inclusion in the state water plan after
coordinating with staff of Texas Natural Resource Conservation Commission
and Texas Parks and Wildlife Department;
(2)
provide water management strategies to be used during
a drought of record[
(3)
protect existing water rights, water contracts, and
option agreements, but may consider potential amendments of water rights,
contracts and agreements. Any amendments will require the eventual consent
of the owner;
(4)
provide specific recommendations of water management
strategies based upon identification, analysis, and comparison of all water
management strategies the regional water planning group determines to be potentially
feasible so that the cost effective water management strategies which are
environmentally sensitive are considered and pursued, where appropriate;
(5)
incorporate water conservation planning and drought
contingency planning into the near-term strategies and long-term strategies
or alternatives to address water supply needs;
(6)
conduct their planning to achieve efficient use of
existing water supplies, explore opportunities for and the benefits of developing
regional water supply facilities or providing regional management of water
facilities, coordinate the actions of local and regional water resource management
agencies, provide substantial involvement by the public in the decision-making
process, and provide full dissemination of planning results; [
(7)
for each source of water
supply in the regional water planning area designated in accordance with §357.7(a)(1)
of this title (relating to Regional Water Plan Development), identify:
(A)
factors specific to each source of water supply
to be considered in determining whether to initiate a drought response, and
(B)
actions to be taken as part of the response;
and
(8)
[
(f)-(m)
(No change.)
§357.7. Regional Water Plan Development.
(a)
Regional water plan development shall include the following:
(1)-(2)
(No change.)
(3)
evaluation of adequacy of current water supplies
available to the regional water planning area for use during drought of record.
This evaluation shall consider surface water and groundwater data from the
state water plan, existing water rights, contracts and option agreements,
other planning and water supply studies, and analysis of water supplies currently
available to the regional water planning area. Analysis of surface water available
during drought of record from reservoirs shall be based on firm yield analysis
of reservoirs. Firm yield is defined as the supply the reservoir can provide
during a drought of record using reasonable sedimentation rates and the assumption
that all senior water rights will be totally utilized. Until information is
provided by the Texas Natural Resource Conservation Commission, regional water
planning groups may use estimates of the projected amount of water that would
be available from existing water rights during a drought of record[
(4)
water supply and demand analysis comparing water
demands as developed in paragraph (2) of this subsection with current water
supplies available to the regional water planning area as developed in paragraph
(3) of this subsection to determine if the water users in the regional water
planning area will experience a surplus of supply or a need for additional
supplies. The social and economic impact of not meeting these needs shall
be evaluated by the regional water planning groups and reported by regional
water planning area and river basin. Other results shall be reported by city,
major providers of municipal and manufacturing water, and categories of water
use (including municipal, manufacturing, irrigation, steam electric power
generation, mining, and livestock watering) for each county or portion of
a county in the regional water planning area. If a county or portion of a
county is in more than one river basin, data shall be reported for each river
basin. The executive administrator shall provide available technical assistance
to the regional water planning groups, upon request, on water supply and demand
analysis, including methods to evaluate the social and economic impacts of
not meeting needs;
(5)
using the water supply needs identified in paragraph
(4) of this subsection, plans to be used during the drought of record to provide
sufficient water supply to meet the needs identified in paragraph (4) of this
subsection and in accordance with water management strategies and scenarios
described in paragraph (8) of this subsection. [
(A)
plans may identify those needs for which no water management
strategy is feasible. Full evaluation of water management strategies must
be presented and reasons given for why no water management strategies are
feasible; or
(B)
where a political subdivision that provides water supply
(other than water supply corporations, counties, or river authorities) does
not participate in the regional water planning effort for needs located within
its boundaries or extraterritorial jurisdiction. The regional water planning
group shall establish terms of participation that shall be equitable and shall
not unduly hinder participation;
(6)-(9)
(No change.)
(b)-(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 14, 1999.
TRD-9904265
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: September 15, 1999
For further information, please call: (512) 463-7981
31 TAC §358.3
The Texas Water Development Board proposes amendments to
§358.3 concerning State Water Planning Guidelines. The changes are proposed
to extend the deadlines for the state water plan completion from September
1, 2001 to January 5, 2002, consistent with statutory changes made by Senate
Bill 658, 76th Texas Legislature, Regular Session (1999).
Ms. Patricia Todd, Director of Accounting and Finance, has determined that
for the first five-year period these sections are in effect there will be
no fiscal implications on state and local government as a result of enforcement
and administration of the sections.
Ms. Todd has also determined that for the first five years the sections
as proposed are in effect the public benefit anticipated as a result of enforcing
the sections will be to is to allow for the preparation of a more thorough
state water plan under extended deadlines. Ms. Todd has determined there will
be no economic costs to small businesses or individuals required to comply
with the sections as proposed.
Comments on the proposed amendments will be accepted for 30 days following
publication and may be submitted to Suzanne Schwartz (512) 463-7981, Texas
Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231, or by
fax at (512) 463-5580.
The amendment is proposed under the authority granted in Texas
Water Code, §6.101, which directs the board to adopt rules necessary
to carry out the powers and duties of the board provided by the Texas Water
Code and other laws of Texas, and also pursuant to Texas Water Code, §16.051,
which requires the board to adopt by rule guidance principles for the state
water plan.
The statutory provision affected by the proposed amendments are Texas Water
Code §16.051, Chapter 16, Subchapter C.
§358.3. Guidelines.
(a)
The state water plan adopted by the board in August 1997
shall remain in effect until a new state water plan is adopted by the board.
A state water plan shall be developed by the executive administrator and adopted
by the board no later than
January 5, 2002
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 14, 1999.
TRD-9904266
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: September 15, 1999
For further information, please call: (512) 463-7981
Subchapter F. Storage Acquisition and State Participation
(4)
(5)
] costs associated with
administration of the plan's development, including but not limited to:
Chapter 357.
Regional Water Planning Guidelines
(4)
(5)
(6)
] Long-term water needs
- Those needs which must be met by implementation of water management strategies
within the next 30 to 50 years based on federal census years (2040, 2050,
etc).
(7)
] Near-term water needs
- Those needs which must be met by implementation of water management strategies
within the next 30 years based on federal census years (2000, 2010, 2020,
2030, etc).
(8)
] Political subdivision
- City, county, district or authority created under the Texas Constitution,
Article III, §52, or Article XVI, §59, any other political subdivision
of the state, any interstate compact commission to which the state is a party,
and any nonprofit water supply corporation created and operating under Acts
of the 43rd Legislature, 1933, 1st Called Session, Chapter 76, (Vernon's Texas
Civil Statutes, Article 1434a).
(9)
] Regional water plan -
Plan or amendment to an adopted or approved regional water plan developed
by a regional water planning group for a regional water planning area pursuant
to the Texas Water Code, §16.053 and this chapter.
(10)
] State water plan - The
most recent state water plan adopted by the board under the Texas Water Code,
Chapter 16.
ensuring
] adequate representation of
interests comprising the regional water planning area on the regional water
planning group, including, but not limited to, the interests identified in
subsection (a) of this section. At the option of the regional water planning
group, entities identified by subsection (g)(4) of this section may be designated
as voting members of the regional water planning group. Each regional water
planning group shall provide a list of its members to the executive administrator,
keeping the list current with any additions or deletions and showing how the
interests shown in subsection (a) of this section are represented.
add members and
] inform the executive administrator that all interests comprising the
regional water planning area are represented. Members of the initial coordinating
body and representatives added by the initial coordinating body shall comprise
the regional water planning group. All members shall be voting members of
the regional water planning group except those specified as non-voting members
in subsections (g) and (h) of this section.
, ensuring
] adequate representation
from those
[
of
] interests
comprising
[
in
] the regional water
planning area.
,
]
and
Texas General Land Office, [
and Texas Department of Agriculture
] or other entities that the regional water planning groups determine
important to the planning effort.
September 1, 2000
], and
at least as frequently as every five years thereafter, for board approval
and inclusion in the state water plan.
, when flows are 75% of normal and when flows are
50% of normal
];
and
]
(7)
] consider the effect
of the regional water plan on navigation.
,
when flows are at 75% of normal, and when flows are at 50% of normal
].
Once this information is available from the Texas Natural Resource Conservation
Commission, the regional water planning group shall incorporate it in its
next planning cycle. The executive administrator, after coordination with
staff of the Texas Natural Resource Conservation Commission and the Texas
Parks and Wildlife Department, shall identify the methodology, in consultation
with representatives of regional water planning groups, to be used by regional
water planning groups to calculate water availability during drought of record
[
and describe conditions when flows are at 50% and 75% of normal
].
The executive administrator shall provide available technical assistance to
the regional water planning groups upon request to assist them in selecting
appropriate methods and data to be used to determine water supply availability.
Results of evaluations shall be reported by city, major providers of municipal
and manufacturing water, and categories of water use (including municipal,
manufacturing, irrigation, steam electric power generation, mining, and livestock
watering) for each county or portion of a county in the regional water planning
area. If a county or portion of a county is in more than one river basin,
data shall be reported for each river basin;
Also, water management
strategies shall be identified to be used when flows are at 50% of normal
and when flows are at 75% of normal.
] Water management strategies shall
be developed for cities, major providers of municipal and manufacturing water,
and for categories of use including municipal, manufacturing, irrigation,
steam electric power generation, mining and livestock watering. The plan to
be used for water supply during drought of record shall meet all needs for
the water use categories of municipal, manufacturing, irrigation, steam electric
power generation, mining, and livestock watering except:
Chapter 358.
State Water Planning Guidelines
September 1, 2001
], and at least every five years thereafter. The executive administrator
shall identify the beginning of the 50-year planning period for the state
and regional water plans. The executive administrator shall incorporate into
the state water plan presented to the board those regional water plans approved
by the board pursuant to Chapter 357 of this title (relating to Regional Water
Planning Guidelines). The board shall, not less than 30 days before adoption
or amendment of the state water plan, publish notice in the
Texas Register
of its intent to adopt a state water plan and shall
mail notice to each regional water planning group. The board shall hold a
hearing, after which it may adopt a water plan or amendments thereto.
Chapter 363.
Financial Assistance Programs