31 TAC §§357.2, 357.4 - 357.7, 357.10 - 357.13
The Texas Water Development Board (the board) proposes changes
to §§357.2, 357.4 - 357.7, and 357.10 - 357.13 concerning the Regional
Water Planning Guidelines. The proposed changes are based on recommendations
received from regional water planning groups, their consultants, board staff,
and the public regarding the first round of regional water planning. These
proposed amendments are designed to improve the regional water planning process.
The proposed amendment to §357.2 adds a definition for wholesale water
provider. This assists the regional water planning groups in more accurately
identifying suppliers of water for regional needs pursuant to §16.053
of the Texas Water Code. It will also broaden the scope of the planning performed
because the board will provide each regional water planning group with a list
of the persons and entities that qualify as wholesale water providers. The
regional water planning groups will use these lists as the minimum number
of wholesale water providers and have the discretion to add to this list.
This will not cause a larger number of water providers to be evaluated and
planned for than in the current process where the regional water planning
groups designate major water providers at their discretion. This change will
provide a more complete planning process and recognizes the complex water
transactions that occur in Texas where water may be sold several times before
reaching the ultimate user. It will also provide uniformity in the designation
and analysis of water providers.
Amendments to §357.4 are proposed to require non-voting regional water
planning group members to be provided the same notification and materials
that voting members are provided. This will enable non-voting members to be
more effective on the group and ensure more participation in the planning
process. The rest of the changes to this section are renumbering changes to
account for this new requirement.
The proposed amendments to §357.5(d) add the Texas Department of Agriculture
as an agency that the board will consult when adopting state population and
water demand projections. This amendment is to ensure that the board has gathered
as much information as possible to provide accurate projections.
The proposed amendments to §357.5(e)(1) and (4) are to clarify the
regional water planning groups' responsibility to adjust their water management
strategies to provide for environmental needs, to include environmental analyses
in the planning process, and to clarify the information about environmental
impacts of water management strategies that must be included in the regional
water plans. This amendment will help protect natural resources as required
by Texas Water Code §16.053(a) and provide environmental information
for evaluating water management strategies as required by Water Code §16.053(e)(5)(F).
In addition, the changes to §357.5(e)(4) will also require the regional
water planning groups to state and document why cost-effective water management
strategies that are environmentally sensitive are not considered and adopted
and submit to the public for comment, during a public meeting, the process
by which the regional water planning group will identify those water management
strategies that are potentially feasible to meet the needs of the region.
These changes will provide a better public understanding of the process, thus
improving the public's participation, and ensure a better description of the
regional planning groups' analysis process, including their analysis of environmental
impacts.
The proposed amendment to §357.5(e)(5) remove unnecessary language
to clarify that regional water plans must incorporate water conservation planning
and drought contingency planning as required by Texas Water Code §16.053(e).
The proposed amendment to §357.5(e)(7) clarifies that the drought
triggers must apply to the sources of water used to supply water users. This
change is to clarify an incorrect reference and will provide the regional
water planning groups more guidance on the use of drought triggers in their
regional water plans.
The proposed deletion of §357.5(m) is to remove a subsection that
will no longer apply. This subsection applied to actions of a regional water
planning group before the adoption of a regional water plan. The 16 regional
water planning groups have now adopted regional water plans.
Amendments to §357.6 are proposed to remove the requirement that regional
water planning groups send inquiry letters to all other regional water planning
groups about the need to form informational subareas. The amendment changes
this to a discretionary function of the regional water planning groups. This
will save costs associated with sending out numerous letters inquiring about
informational subareas and lets the regions choose when and where the subareas
would best be formed. The section does retain, however, the requirement that
the information subarea be formed if one regional planning group has asked
for it and the conditions of the section are met.
Amendments throughout §357.7 would remove the term major water provider
and replace it with wholesale water provider. As noted above, wholesale water
provider is a broader term and will enhance the scope of water planning by
requiring a more detailed review of projected demands, adequacy of existing
supplies, needs and potential solutions for these wholesale water providers.
The proposed amendments to §357.7(a)(1) add the phrase "businesses
dependent on natural water resources" to the analysis required of the regional
water planning groups of the economic activities in the region. This is to
encourage the regional water planning groups to identify and consider those
businesses that operate on natural water resources, such as boat rental businesses
and guided fishing tours, and provide a more complete analysis of the regions.
Amendments to §357.7(a)(2) through (5) would break the paragraphs
into two subparagraphs to clarify that analysis should be by city, utility,
and category, as well as wholesale water provider. Counties with more than
five utilities that supply more than 280 acre-feet of water per year may be
evaluated at the level of wholesale water provider or some other common association,
rather than utility. This option for counties with more than five utilities
acknowledges that meaningful analysis of water demands and needs can be done
at a higher, more cost-effective level in some cases. This will result in
regional water plans that are more detailed and comprehensive, thus increasing
the quality of the regional water plans.
Amendments to §357.7(a)(3) would require the regional water planning
groups to consider the water supply that may be obtained from water savings
based on the use of plumbing fixtures that are identified in Chapter 372 of
the Texas Health and Safety Code. This change will enhance the use of conservation
in the regions and provide a more accurate analysis of water supply, thus
improving the quality of the regional water plans and better pursuing the
goals of Section 16.053 of the Texas Water Code. The changes would also allow
the regional water planning groups to use an operational procedure other than
firm yield when analyzing surface water during the drought of record so long
as the amount of water available does not exceed the firm yield. This will
delegate more authority to the regional water planning groups in determining
the best procedure to use to determine water availability and drought response.
Amendments to this section also require the regional water planning groups
to use the Texas Natural Resource Conservation Commission's water availability
model information and the board's groundwater availability model information
once it is available unless better site-specific information is available
for use. This will provide the regional water planning groups with the most
accurate data and enhance the value of the regional water plans. Proposed
changes also allow regional water planning groups to assume that water supplies
based on contractual agreements will continue past the existing term of the
contract if the contract contemplates renewal or extension. This reflects
the reality that such contracts are typically renewed or extended.
Amendment to §357.7(a)(5) will require the water management strategies
recommended by the regional water plans to meet the water supply obligations
necessary to implement recommended water management strategies of wholesale
water providers and water users for which drought of record plans are developed
under the paragraph. This change will improve the quality and effectiveness
of the plans for drought of record to provide a sufficient supply of water.
Amendments to §357.7(a)(6) allow the regional water planning groups
to present data in units smaller than those required by §357.7(a)(2)
through (5). This allows the regional water planning groups to determine the
appropriate reporting unit if they wish to focus on smaller units.
The amendments to §357.7(a)(7) require the regional water planning
groups to consider and adopt water conservation strategies unless it is inappropriate
and documents its reasons. This change will enhance the consideration of water
conservation in regional water plans. Further, several regions recommended
this change as a means of more specifically addressing conservation in the
regional water plans. The amendments also simplify the evaluation requirements
for water management strategies. This will simplify the data that the regional
water planning groups need to report in their regional water plans.
The amendments to §357.7(a)(8) require the regional water planning
groups to include in their regional water plans a clear discussion of the
cost, quantity, and environmental impacts associated with each water management
strategy evaluated in terms of present costs and discounted present value
costs. The method of analysis must be determined before the analysis begins.
The amendments also add the effects on water quality as a factor that must
be considered when evaluating water management strategies. These changes will
assist the regional water planning groups in evaluating water management strategies
and will ensure that all of the required analyses of Texas Water Code §16.053
are included. It more thoroughly defines the environmental analysis that must
be done for water management strategies. It will also provide the public with
a clear discussion of alternatives and means to make comparisons. Lastly,
the amendments to 357.7(a)(8) also add standards for analysis of interbasin
transfers. This will ensure that all regional water plans include the same
elements in their analysis and will provide information needed by the Texas
Natural Resource Conservation Commission when reviewing interbasin transfers.
The amendments to §357.7(a)(9) remove a redundant term from §357.7(a)(9)(B).
This subsection requires the regional water planning groups to make specific
recommendations of water management strategies or long-term scenarios to meet
long-term needs. It further defines long-term scenario as a combination of
various water management strategies. Removing the word "alternatives" from
this subsection clarifies the meaning of scenarios and removes confusion of
the work to be performed.
The addition of §357.7(a)(11) requires the regional water planning
groups to have a separate chapter in the regional water plans to consolidate
the water conservation and drought management recommendation of the regional
water plans. This will make it much easier for the board and the public to
identify the water conservation and drought management strategies of the regional
water plans, which will facilitate the board and the public making effective,
timely comments on initially prepared plans. This will also enhance the public
participation, which is a cornerstone of the Section 16.053 of the Texas Water
Code.
The amendments to §357.10 clarify that the regional water planning
groups must submit their initially prepared regional water plans, adopted
regional water plans, and data in the format required by this chapter and
the executive administrator. This ensures consistency of the plans and data
submitted and ensures that the requirements of §16.053 of the Texas Water
Code and this chapter are met. The amendments require the regional water planning
groups to include, in their regional water plans, a summary of the comments
received from the public, the board, other Texas state agencies, and federal
agencies. The amendments also clarify that the regional water planning groups
are required to explain how the regional water plan was changed based on the
comments received or state why a change was unnecessary. These amendments
ensure meaningful public participation in the planning process, a cornerstone
of Texas Water Code §16.053, by making sure they have the ability to
address the initially prepared regional water plans and that their comments
will be considered by the regional water planning groups. It also results
in regional water plans that have considered comments from all sources.
Amendments to §357.11 would change some of the requirements for submitting
initially prepared regional water plans and clarify that the regional water
planning groups submit their initially prepared regional water plans to the
public at the same time they are submitted to the board. The changes require
the regional water planning groups to certify that the initially prepared
plan is complete and that it has been adopted by the group. This will help
ensure that the requirements of Texas Water Code §16.053 and chapters
355, 357, and 358 of this title are met. The changes will improve the efficiency
of plan adoption process, allow the regional water planning groups to start
collecting comments on the initially prepared plan from all sources at the
same time, and assures the public that it is receiving an initially prepared
plan that is thoroughly considered.
The amendments to §357.11 would also extend the time the board has
to provide comments on the initially prepared plans from 30 to 120 days. The
changes establish that the time period state and federal agencies have to
submit comments is also 120 days. This will provide the board and other governmental
agencies with sufficient time to study the initially prepared plans and make
appropriate and comprehensive comments. Each of these entities is reviewing
plans from all regions and should be given a longer time to review the plans.
Also, the short time deadlines of the initial regional water planning cycle
are not a factor in the future cycles.
The amendments to §357.12 would clarify that the regional water planning
groups must adopt an initially prepared plan before the public hearing. This
change is similar to the one in §357.11 and assures the public that it
is receiving and commenting on a thoroughly considered initially prepared
plan. It provides the public with an initially prepared plan that is one step
away from becoming the adopted plan of the regional water planning group.
Therefore, comments made by the public and others would be directly considered
for potential revision and adoption in the regional water plan.
The amendments to §357.12(b) provide the regional water planning groups
with alternative places they may place copies of their initially prepared
regional water plan in compliance with §16.053(h)(3) of the Texas Water
Code. That section requires placement of the initially prepared plan in each
county courthouse in the region. Existing rules require the initially prepared
plan to be placed in the county clerk's office. Some of the regional water
planning groups had been required to pay a substantial fee to county clerks
for posting their initially prepared regional water plans in county clerks'
offices. This amendment will provide less costly alternatives that fit the
requirements of the state law.
The amendments to §357.12(d) require the regional water planning groups
to publish their agenda, meeting notices, initially prepared regional water
plans, and adopted regional water plans on the Internet. The amendments provide
that the regional water planning groups can satisfy this requirement by submitting
their material to the board for publishing on the board's web site. This will
provide the public with an easy way to access regional water planning material
and enhance public participation.
Lastly, the amendments to §357.13 would clarify that projects brought
to the board for funding must be consistent with the approved regional water
plans, as required by §16.053(j) of the Texas Water Code. The changes
describe how the board will determine if a project is consistent with an approved
regional water plan.
Ms. Pam Gulley, Director of Fiscal Services, has determined that for the
first five-year period these sections are in effect there could be fiscal
implications on state and local government as a result of enforcement and
administration of the sections during the five-year planning cycle. The impact
to the state cannot be determined exactly as funds have not been appropriated
by the legislature for the entire five-year planning cycle, but rough estimates
are as follows.
It is estimated that the amendments to §357.7(a) related to replacing
the term "major water provider" with "wholesale water provider" will have
no net fiscal impact because the number of wholesale water providers expected
to be identified in the second round of planning is anticipated to be approximately
the same as the number of major water providers identified during the first
round of planning. This expectation is based on TWDB records from 1998 that
identify entities that would qualify as wholesale water providers under the
new definition in the amendments to §357.2 of this title. It is also
estimated that the fiscal impact of changes in §357.7(a)(2)-(5) will
be approximately $1 million. This is based on the assumption that requiring
the regional water plans to include utilities that provide more than 280 acre-feet
per year will increase the identification of utilities that have needs for
additional water supply using the costs from the first round of planning as
a comparator.
It is estimated that the amendments to §357.6 will save local governmental
entities approximately $6,500. This estimate is based on the assumption that
the regional water planning groups will only send inquiries about forming
informational subareas to three, instead of 15, other regional water planning
groups and will only be expected to respond to the inquiries from three other
regions. The change in §357.12(b) related to placement of adopted plans
in county clerk offices could save local government approximately $12,000,
assuming that 10 of the 254 county clerks charged a $2 per page filing fee
on plans containing 500 pages during the first round of planning. Therefore,
these proposed amendments have a net savings of $18,500 to local government.
Ms. Gulley 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 provide additional details in the regional water planning
process resulting in increased reliability of the water supplies in Texas
and increased effectiveness of public participation in the planning process.
Ms. Gulley 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 rule amendments will be accepted for 30 days following
publication and may be submitted to Ms. Phyllis Thomas, @ (512) 463-7926,
by e-mail to phyllis@twdb.state.tx.us, or by mail to the attention of Ms.
Phyllis Thomas, Texas Water Development Board, P.O. Box 13231, Austin, Texas,
78711-3231. Before being published as proposed rule amendments, these revisions
were released to the public and public comment was received. Any person wishing
to submit a comment that will be considered in adopting these proposed rules
must submit the comment within the next 30 days. Comments received previously
will not be considered during adoption unless resubmitted. The Board will
hold a public hearing on April 23, 2001 at 1:30 p.m. in Room 118 of the Stephen
F. Austin Building, 1700 N. Congress Avenue, Austin, Texas, 78701 to discuss
these proposed rules.
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 to provide procedures for adoption
of regional water plans by regional water planning groups and approval of
regional water plans by the board, and to govern procedures to be followed
in carry out the responsibilities under §16.053, Water Code.
The statutory provision affected by the amendments is 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)-(8)
(No change.)
(9)
Wholesale water provider --
any person or entity, including river authorities and irrigation districts,
that has contracts to sell more than 1000 acre-feet of water wholesale in
any one year during the five years immediately preceding the adoption of the
last regional water plan. At their discretion, the regional water planning
groups may include as wholesale water providers other persons and entities
that enter or that the regional water planning group expects or recommends
to enter contracts to sell more than 1000 acre-feet of water wholesale during
the planning cycle.
§357.4.Designation of Regional Water Planning Groups.
(a)-(h)
(No change.)
(i)
Non-voting members of the regional
water planning group shall receive meeting notifications and information in
the same manner as voting members.
(j)
[
(i)
] Regional water planning groups
may form voluntary associations composed of representatives of one or more
regional water planning areas. These interregional planning committees may
coordinate interregional issues that will benefit each regional water planning
area, and may conduct joint studies of issues affecting their regions. Regional
water planning groups may enter into written agreements with one or more other
regional water planning groups that are binding to the extent allowed by law.
These agreements could, in addition to other purposes, allow two or more regional
water planning groups to jointly prepare one plan for all or a portion of
their regional water planning areas subject to approval of all regional water
planning groups involved.
(k)
[
(j)
] Regional water planning groups
may form subregional water planning groups to conduct planning that may be
incorporated into the regional water plans such as for metropolitan and non-metropolitan
areas, to study technical or other issues, or other reasons determined by
the regional water planning groups. The regional water planning group shall
assure that all of the interests listed in subsection (a) of this section
are invited to participate on each
of
the subregional water planning
groups
[
group
] formed. Regional water planning groups may
form committees to address issues deemed appropriate by the regional water
planning group. Any plans or information developed by subregional water planning
groups or by committees may be included in the regional water plan only upon
approval of the regional water planning group.
(l)
[
(k)
] Regional water planning groups
shall adopt, by a vote of two-thirds of the members of the regional water
planning group, bylaws that are consistent with provisions of this chapter.
The regional water planning group shall provide copies of its bylaws and any
revisions thereto to the executive administrator. Within 30 days after the
board names members of the initial coordinating body, the executive administrator
shall provide to each member of the initial coordinating body a set of model
bylaws which the regional water planning group may consider. The bylaws adopted
by the regional water planning group shall at a minimum address the following
elements:
(1)
definition of a quorum necessary to conduct business;
(2)
method to be used to approve items of business including
adoption of regional water plans or amendments thereto;
(3)
methods to be used to name additional members;
(4)
terms and conditions of membership;
(5)
methods to record minutes and where minutes will be archived
as part of the public record; and
(6)
methods to resolve disputes between regional water planning
group members on matters coming before the regional water planning group.
(m)
[
(l)
] The board may not approve funding
under Chapter 355, Subchapter C of this title (relating to Regional Water
Planning Grants) for a regional water planning area until a copy of the adopted
bylaws of the regional water planning group that meet the requirements of
subsection
(l)
[
(k)
] of this section has been filed with
the executive administrator.
§357.5.Guidelines for Development of Regional Water Plans.
(a)-(c)
(No change.)
(d)
Use of population and water demands. In developing regional
water plans, regional water planning groups shall use:
(1)
state population and water demand projections contained
in the state water plan or adopted by the board after consultation with the
Texas Natural Resource Conservation Commission
, Texas Department of Agriculture,
and Texas Parks and Wildlife Department in preparation for revision
of the state water plan; or
(2)
in lieu of paragraph (1) of this subsection, population
or water demand projection revisions that have been adopted by the board,
after coordination with Texas Natural Resource Conservation Commission
, Texas Department of Agriculture,
and Texas Parks and Wildlife Department,
based on changed conditions and availability of new information. Within 45
days of receipt of a request from a regional water planning group for revision
of population or water demand projections, the executive administrator shall
consult with the requesting regional water planning group and respond to their
request.
(e)
Plan development. In developing regional water plans, regional
water planning groups shall:
(1)
ensure that water management strategies are adjusted
to provide for appropriate
[
evaluate alternative water management
strategies for effect on
] environmental water needs
,
including
[
effect on
] instream flows and bays and estuaries
inflows,
on water management strategies. Evaluation shall use
[
using
]
environmental information resulting from
existing
site-specific
studies, or, in the absence of such information,
shall use
[
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
adopted unless the regional
water planning group demonstrates that adoption of such strategies is not
appropriate. Before a regional water planning group begins the process of
identifying potentially feasible water management strategies, it shall document
the process by which it will list all possible water management strategies
and identify the water management strategies that are potentially feasible
for meeting a need in the region. Once this process is identified, the regional
water planning group shall present it to the public for comment at the public
meeting required by §357.12(a)(1) of this title (relating to Notice and
Public Participation)
[
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)(3)
[
§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)
consider the effect of the regional water plan on navigation.
(f)-(l)
(No change.)
[
(m)
Actions needed for regional
water plan adoption and approval. Prior to adoption and approval of a regional
water plan, nothing in this chapter shall prevent development of a management
plan or project where local or regional needs require action.]
§357.6.Preplanning.
Prior to the preparation of the regional water plans the regional water
planning group shall perform the following tasks:
(1)
(No change.)
(2)
determine terms of participation as used in
§357.7(a)(5)(C)(ii)
[
§357.7(a)(5)(B)
] of this title (relating to Regional
Water Plan Development);
(3)-(5)
(No change.)
(6)
a regional water planning group may ask any other
regional water planning group to designate
[
ask regional water
planning groups (responding regional water planning groups) of all other regional
water planning areas (responding regional water planning areas) if they desire
to have
] a geographical region [
designated
] as an informational
subarea so that water planning information may be readily exchanged for such
informational subareas.
Forming
[
For
] informational subareas
facilitates the
[
that meet one or more of the requirements of subparagraphs
(A)-(E) of this paragraph, regional water planning groups and responding regional
water planning groups shall
] exchange
of
information specified
in §357.7(a)(2)-(4) of this title (relating to Regional Water Plan Development)
on population and water demand data, on water supplies available, on water
supply and demand analysis results, and available information on environmental
water needs, in addition to any other information the regional water planning
groups choose to exchange.
If a regional water planning group is asked
to form an informational subarea, the regional water planning group must agree
[
The regional water planning group shall develop its scope of
work so that information can be exchanged with the responding regional water
planning group
] if the geographic region comprising the informational
subarea meets one or more of the following criteria:
(A)
is currently being provided wholesale or retail water service
by an entity whose headquarters is in the responding regional water planning
area or from sources of water or facilities within the responding regional
water planning area;
(B)
is within an area designated by the Texas Legislature as
an area, either in whole or in part, that may or shall be served by an entity
whose headquarters is in the responding regional water planning area or from
sources of water or facilities in the responding regional water planning area;
(C)
is an area identified in current or existing studies as
an area likely to be served in the future from entities whose headquarters
are in the responding regional water planning area or from sources of water
or facilities within the responding regional water planning area;
(D)
is an area where environmental water needs are impacted
or are potentially impacted by water management strategies that might be considered
by the regional water planning group; or
(E)
is designated by the executive administrator as an informational
subarea.
§357.7.Regional Water Plan Development.
(a)
Regional water plan development shall include the following:
(1)
description of the regional water planning area including
wholesale
[
major
] water providers, current water use, identified
water quality problems, sources of groundwater and surface water including
major springs, major demand centers, agricultural and natural resources, social
and economic aspects of the regional water planning area including information
on current population and primary economic activities
including businesses
dependent on natural water resources
, initial assessment of current
preparations for drought within the regional water planning area, summary
of existing regional water plans, summary of recommendations in state water
plan, summary of local water plans, and any identified threats to the agricultural
and natural resources of the regional water planning area due to water quantity
problems or water quality problems related to water supply;
(2)
presentation of current and projected population and water
demands. Results shall be reported
:
(A)
by
(i)
city for cities with populations greater
than 500 people,
(ii)
utility for counties that have less than
five utilities which provide more than 280 acre-feet per year,
(iii)
individual utility or collective data
for all such utilities that form a logical reporting unit, such as being served
by a common wholesale water provider or having a common source or other association
appropriate for the area, in the judgment of the regional water planning group,
for counties with more than five utilities which provide more than 280 acre-feet
per year. The regional water planning group shall designate in its contract
entered pursuant to §355.98 of this title (relating to Contracts) which
counties will be reported by individual utilities and which counties will
be reported by the wholesale water provider or other reporting unit
[
by city, major providers of municipal and manufacturing water
], and
(iv)
categories of water use (including municipal
not otherwise reported
, 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;
(B)
for each wholesale water provider
by category of water use (municipal, manufacturing, irrigation, steam electric
power generation, mining, and livestock) 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 wholesale water provider's current contractual obligations to supply water
must be reported in addition to any demands projected for the wholesale water
provider;
(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
including those supplies
that can be obtained from water savings by using plumbing fixtures identified
in Chapter 372 of the Texas Health and Safety Code. The regional water planning
group shall determine the extent to which such plumbing fixtures impact projected
water use in the region. Firm yields for reservoirs shall be presented
.
Analysis of surface water available during drought of record
may be based
on operational procedures other than firm yield from reservoirs upon the documented
decision of the regional water planning group as long as the amount of water
available due to the operational procedure does not exceed the amount of water
that would be available using firm yield unless permits provide higher values
[
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
surface
water that would be available from existing water rights during a drought
of record. 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
unless better site-specific information
is available. Until information is available from the board regarding groundwater
availability from modeling, the regional water planning groups may use estimates
of the projected amounts as long as they describe the method used to arrive
at those estimates. Once the groundwater availability modeling information
is available for an area within a region, that regional water planning group
shall incorporate such information in its next planning cycle unless better
site-specific information is available.
. 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. 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.
Water supplies based on contracted agreements
shall be based on the terms of the contract, which may be assumed to renew
at the contract termination date if the contract contemplates renewal or extensions.
Results of evaluations shall be reported
:
(A)
by
(i)
city for cities with populations
greater than 500 people,
(ii)
utility for counties that
have less than five utilities which provide more than 280 acre-feet per year,
(iii)
individual utility or collective data
for all such utilities that form a logical reporting unit, such as being served
by a common wholesale water provider or having a common source or other association
appropriate for the area, in the judgment of the regional water planning group,
for counties with more than five utilities which provide more than 280 acre-feet
per year. The regional water planning group shall designate in its contract
entered pursuant to §355.98 of this title (relating to Contracts) which
counties will be reported by individual utilities and which counties will
be reported by the wholesale water provider or other reporting unit
[
by city, major providers of municipal and manufacturing water
], and
(iv)
categories of water use (including municipal
not otherwise reported
, 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;
(B)
for each wholesale water provider
by category of water use (municipal, manufacturing, irrigation, steam electric
power generation, mining, and livestock) 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 wholesale water provider's current contractual obligations to supply water
must be reported in addition to any demands projected for the wholesale water
provider;
(4)
water supply and demand analysis comparing
:
(A)
water demands as developed in paragraph
(2)(A)
[
(2)
] of this subsection with current water supplies
available to the regional water planning area as developed in paragraph
(3)(A)
[
(3)
] of this subsection to determine if the water
users
identified in paragraph (2)(A) of this subsection
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.
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.
Other
results shall be reported by
(i)
city for cities with populations
greater than 500 people,
(ii)
utility for counties that
have less than five utilities which provide more than 280 acre-feet per year,
(iii)
individual utility or collective data
for all such utilities that form a logical reporting unit, such as being served
by a common wholesale water provider or having a common source or other association
appropriate for the area, in the judgment of the regional water planning group,
for counties with more than five utilities which provide more than 280 acre-feet
per year. The regional water planning group shall designate in its contract
entered pursuant to §355.98 of this title (relating to Contracts) which
counties will be reported by individual utilities and which counties will
be reported by the wholesale water provider or other reporting unit
[
city, major providers of municipal and manufacturing water
], and
(iv)
categories of water use (including municipal
not otherwise reported
, 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;
]
(B)
water demands as developed
in paragraph (2)(B) of this subsection with current water supplies available
to the wholesale water provider as developed in paragraph (3) of this subsection
to determine if the wholesale water providers in the regional water planning
area will experience a surplus of supply or a need for additional supplies.
Results shall be reported for each wholesale water provider by 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;
(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
(9)
[
(8)
] of this subsection
as follows:
[
.
]
(A)
Water management strategies shall be developed
for
:
(i)
city for cities with populations
greater than 500 people,
(ii)
utility for counties that
have less than five utilities which provide more than 280 acre-feet per year,
(iii)
individual utility or collective data
for all such utilities that form a logical reporting unit, such as being served
by a common wholesale water provider or having a common source or other association
appropriate for the area, in the judgment of the regional water planning group,
for counties with more than five utilities which provide more than 280 acre-feet
per year. The regional water planning group shall designate in its contract
entered pursuant to §355.98 of this title (relating to Contracts) which
counties will be reported by individual utilities and which counties will
be reported by the wholesale water provider or other reporting unit, and
[
cities, major providers of municipal and manufacturing water, and for
]
(iv)
categories of
water
use (including
municipal
not otherwise reported
, 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;
[
.
]
(B)
water management strategies
shall be developed for wholesale water providers. The water management strategies
shall also meet the new water supply obligations necessary to implement recommended
water management strategies of other wholesale water providers and water users
for which plans are developed under of this paragraph. Results shall be reported
for each wholesale water provider by category of water use (municipal, manufacturing,
irrigation, steam electric power generation, mining, and livestock) 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;
(C)
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:
(i)
[
(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
(ii)
[
(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)
presentations of the data required in
paragraphs (2) through (5) of this subsection in subdivisions of the reporting
units required such as reporting irrigation for a county by splitting it into
two or more reporting units, if the regional planning group desires;
(7)
[
(6)
] evaluation of all water management
strategies the regional water planning group determines to be potentially
feasible, including:
(A)
water conservation
strategies
and drought response
planning
including water demand management
. The executive administrator
shall provide technical assistance to the regional water planning groups on
water conservation strategies. The regional water planning group must consider
water conservation strategies for each need identified in paragraph (4) of
this subsection. If the regional water planning group does not adopt a water
conservation and drought response strategy for a need, it must document the
reason
;
(B)
reuse of wastewater;
(C)
expanded use [
or acquisition
] of existing supplies
including systems optimization and conjunctive use of resources
,
[
;
]
[(D)]
reallocation of reservoir storage to new
uses
,
[
;
]
[(E)]
voluntary redistribution of water resources
including
contracts,
water marketing, regional water banks, sales,
leases, options, subordination agreements, and financing agreements
,
[
;
]
[(F)]
subordination of existing water rights through
voluntary agreements
,
[
;
]
[(G)]
enhancements of yields of existing sources
,
[
;
]
[(H)]
and improvement of water quality including
control of naturally occurring chlorides;
[(I)
interbasin transfers;]
(D)
[
(J)
] new supply development including
construction and improvement of surface water
and groundwater
resources
,
[
;
]
[(K)
water management strategies identified
in the state water plan for the regional water planning area; ]
[(L)]
brush control, precipitation enhancement,
[
and
] desalination
,
[
;
]
[(M)]
water supply that could be made available
by cancellation of water rights based on data provided by the Texas Natural
Resource Conservation Commission;
(E)
interbasin transfers; and
[
(N)
aquifer storage and recovery;
and ]
(F)
[
(O)
] other measures;
(8)
[
(7)
] evaluations of water management
strategies by including:
(A)
a quantitative reporting of:
(i)
[
evaluation of
] the quantity, reliability,
and cost of water delivered and treated for the end user's requirements, incorporating
factors to be used in the calculation of infrastructure debt payments
, present costs, and discounted present value costs
provided by the
executive administrator;
(ii)
[
(B)
] environmental factors including
effects on
water quality,
environmental water needs, wildlife habitat,
stream segments that meet one or more of the criteria in §357.8(b) of
this title (relating to Ecologically Unique River and Stream Segments),
cultural resources, and effect of upstream development on bays, estuaries,
and arms of the Gulf of Mexico;
(B)
[
(C)
] impacts on other water resources
of the state including other water management strategies and groundwater surface
water interrelationships;
(C)
[
(D)
] impacts of water management
strategies on threats to agricultural and natural resources of the regional
water planning area;
(D)
[
(E)
] any other factors as deemed
relevant by the regional water planning group including recreational impacts;
(E)
[
(F)
] equitable comparison and consistent
application of all water management strategies the regional water planning
groups determines to be potentially feasible for each water supply need;
(F)
[
(G)
] consideration of the provisions
in Texas Water Code, §11.085(k)(1) for interbasin transfers
. At
a minimum, this consideration shall include a summation of water needs in
the basin of origin and in the receiving basin, based on needs presented in
the applicable approved regional water plan
; and
(G)
[
(H)
] consideration of third party
social and economic impacts resulting from voluntary redistributions of water;
(9)
[
(8)
] plans to meet needs, which
shall include:
(A)
specific recommendations of water management strategies
to meet the near-term needs in sufficient detail to allow state agencies to
make financial or regulatory decisions to determine the consistency of the
proposed action before the state agency with an approved regional water plan;
and
(B)
specific recommendations of water management strategies
or [
alternative
] long-term scenarios that meet the long-term needs.
A
[
An alternative
] long-term scenario is a combination of
various water management strategies; [
and
]
(10)
[
(9)
] regulatory, administrative,
or legislative recommendations that the regional water planning group believes
are needed and desirable to: facilitate 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 state and regional
water planning area. The regional water planning group may develop information
as to the potential impact once proposed changes in law are enacted
;
and
(11)
a chapter consolidating the
water conservation and drought management recommendations of the regional
water plan.
(b)-(c)
(No change.)
§357.10.Format of Information to be Presented in Regional Water Plans.
(a)
Initially prepared and adopted regional water plans or
amendments to approved regional water plans shall include the following:
(1)
technical report
and data
prepared in accordance
with this chapter
and the executive administrator's specifications
;
[
and
]
(2)
executive summary that documents the key regional water
plan findings and recommendations
; and
[
.
]
(3)
[
(b) In addition to the requirements in
subsection (a) of this section, adopted regional water plans and amendments
adopted thereto shall include
]summaries of all written and oral comments
received
pursuant to §357.11(b) of this title (relating to Adoption
of Regional Water Plans by Regional Water Planning Groups)
[
at the
public hearing required by §357.12(a)(3) and (4) of this title, and all
written comments received within the timeframe specified by the regional water
planning group under §357.12(a)(6)(D) of this title
], with a response
by the regional water planning group explaining how the plan was revised or
why changes were not warranted
in response to written comments received
under §357.11(b) of this title
.
(b)
[
(c)
] The regional water planning
group will transfer copies of all data and reports generated by the planning
process and used in developing the regional water plan to the executive administrator.
To the maximum extent possible, data shall be transferred in digital form
according to specifications provided by the executive administrator. One copy
of all reports prepared by the regional water planning group shall be provided
in digital format according to specifications provided by the executive administrator.
All digital mapping shall use a geographic information system according to
specifications provided by the executive administrator. The executive administrator
shall seek the input from the Texas Geographic Information Council regarding
specifications mentioned in this subsection.
§357.11.Adoption of Regional Water Plans by Regional Water Planning Groups.
(a)
Regional water planning groups shall concurrently
submit to the executive administrator and release to the public an initially
prepared regional water plan prior to adoption of the regional water plan.
The initially prepared plan submitted to the executive administrator must
be in the electronic and paper format specified by the executive administrator.
The regional water planning groups must certify that the initially prepared
regional water plan is complete and adopted by the regional water planning
group.
[(a)
Regional water planning groups shall
submit an initially prepared regional water plan to the executive administrator
prior to adoption of the regional water plan by the regional water planning
group. The executive administrator shall provide written comments to the regional
water planning group within 30 days of receipt of the initially prepared regional
water plan. The executive administrator may delay providing comments up to
a total of 60 days from receipt of the initially prepared regional water plan
by providing reasons for the delay to the regional water planning group. The
regional water planning group shall consider revisions to the regional water
plan based on the executive administrator's written comments and all other
public comments received.]
(b)
The regional water planning
groups shall receive and consider the following comments when adopting a regional
water plan:
(1)
the executive administrator's written comments,
which shall be provided to the regional water planning group within 120 days
of receipt of the initially prepared plan;
(2)
written comments received from any federal agency
or Texas state agency, which the regional water planning groups shall accept
for at least 120 days after the first public hearing notice is published pursuant
to §357.12(a)(3) and (5) of this title (relating to Notice and Public
Participation); and
(3)
any written or oral comments received from the
public after the first public hearing notice is published pursuant to §357.12(a)(3)
and (5) of this title until at least 30 days after the public hearing is held
pursuant to §357.12(a)(3) and (4) of this title.
(c)
[
(b)
] The regional water planning
group shall submit in a timely manner to the executive administrator information
on any known interregional conflict between regional water plans.
(d)
[
(c)
] The regional water planning
group shall modify the regional water plan to incorporate board resolutions
of interregional conflicts.
(e)
[
(d)
] The regional water planning
group shall seek to resolve conflicts with other regional water planning groups
and shall participate in any board sponsored efforts to resolve interregional
conflicts.
(f)
[
(e)
] A regional water planning group
may amend an adopted regional water plan at any meeting, after giving notice
according to §357.12 of this title. A political subdivision in the regional
water planning area may request a regional water planning group to consider
specific changes to an adopted regional water plan. A regional water planning
group must formally consider such request within 180 days after its submittal
and shall amend its adopted regional water plan if it determines an amendment
is warranted. A regional water planning group may propose amendments to an
approved regional water plan by submitting proposed amendments to the board
for its consideration and possible approval under the standards and procedures
of this chapter.
§357.12.Notice and Public Participation.
(a)
Regional water planning groups and any subregional water
planning groups shall provide for public participation which shall include
the following:
(1)-(2)
(No change.)
(3)
a public hearing following
adoption
[
preparation
but before submittal to the board,
] of an initially prepared regional
water plan, to be held in a central location within the regional water planning
area;
(4)-(5)
(No change.)
(6)
notice of the public meetings and public hearings shall
include:
(A)-(C)
(No change.)
(D)
information that the regional water planning group will
accept written and oral comments at the hearings required by paragraphs (3)
and (4) of this subsection, and information on how the public may submit written
comments separate from such hearings. The regional water planning group shall
specify a deadline for submission of public written comments of not earlier
than
30 days after the
hearings required by paragraphs (3) and
(4) of this subsection.
(b)
Regional water planning groups shall make copies of the
regional water plan available for public inspection at least one month before
a public hearing required or held in accordance with subsection (a)(3) and
(4) of this section by providing a copy of the regional water plan in [
the county clerk's office and
]at least one public library
and
either the county courthouse's law library, the county clerk's office, or
some other accessible place within the county courthouse
of each county
having land in the regional water planning area and include locations of such
copies in the notice for public hearing.
(c)
(No change.)
(d)
Regional water planning groups shall publish
agendas, meeting notices, and current adopted initially prepared plans and
adopted final regional water plans on the Internet. This requirement can be
met by submitting the information, in the format specified by the executive
administrator, to the board to be posted on the board's web site.
§357.13.Consistency with Regional Water Plan.
(a)
For the purposes of the Texas Water Code, §16.053(j),
projects proposed to the board for funding will be considered to meet any
need identified in an approved regional water plan in a manner consistent
with the regional water plan if the project:
(1)
is an enhancement of a current
water supply identified in the analysis developed under §357.7(a)(3)
and (4) of this title (relating to Regional Water Plan Development) as meeting
a demand, even though the project is not specifically recommended in the regional
water plan; or
(2)
is meeting a need in a manner
consistent with the plan developed under §357.7(a)(5) of this title.
(b)
[
(a)
] For the purposes of the Texas
Water Code, §16.053(j), projects proposed to the board for funding to
meet any need identified in an approved regional water plan for which there
is not a recommended water management strategy in such plan will be considered
by the board not to be consistent with the approved regional water plan.
(c)
[
(b)
] For purposes of the Texas Water
Code, §16.053(k), the board may consider, among other factors, changed
conditions if a political subdivision requests a waiver of the Texas Water
Code, §16.053(j) for a project proposed to the board for funding to meet
a need in a manner that is not consistent with the manner the need is addressed
in an approved regional water plan. The board shall request the members of
any affected regional water planning group to provide input on the request
for waiver of the Texas Water Code, §16.053(j).
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 March 23, 2001.
TRD-200101752
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: June 20, 2001
For further information, please call: (512) 463-7981