Bill Text: TX HB4623 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the consideration of water markets in the regional water planning process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Water, Agriculture, & Rural Affairs [HB4623 Detail]
Download: Texas-2023-HB4623-Engrossed.html
| 88R11798 JXC-F | ||
| By: Goldman | H.B. No. 4623 | |
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| relating to the consideration of water markets in the regional | ||
| water planning process. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 16.053, Water Code, is amended by adding | ||
| Subsection (d-1) and amending Subsection (e) to read as follows: | ||
| (d-1) In this section, "water market" means an exchange | ||
| where water rights and all or a portion of the volumes associated | ||
| with those rights are sold, purchased, optioned, or leased for the | ||
| purpose of conveyance, transfer, supply, or forbearance or changing | ||
| the legal purpose of use. The term does not include a market for | ||
| wholesale or retail water transactions. | ||
| (e) Each regional water planning group shall submit to the | ||
| development board a regional water plan that: | ||
| (1) is consistent with the guidance principles for the | ||
| state water plan adopted by the development board under Section | ||
| 16.051(d); | ||
| (2) provides information based on data provided or | ||
| approved by the development board in a format consistent with the | ||
| guidelines provided by the development board under Subsection (d); | ||
| (2-a) is consistent with the desired future conditions | ||
| adopted under Section 36.108 for the relevant aquifers located in | ||
| the regional water planning area as of the most recent deadline for | ||
| the board to adopt the state water plan under Section 16.051 or, at | ||
| the option of the regional water planning group, established | ||
| subsequent to the adoption of the most recent plan; provided, | ||
| however, that if no groundwater conservation district exists within | ||
| the area of the regional water planning group, the regional water | ||
| planning group shall determine the supply of groundwater for | ||
| regional planning purposes; the Texas Water Development Board shall | ||
| review and approve, prior to inclusion in the regional water plan, | ||
| that the groundwater supply for the regional planning group without | ||
| a groundwater conservation district in its area is physically | ||
| compatible, using the board's groundwater availability models, | ||
| with the desired future conditions adopted under Section 36.108 for | ||
| the relevant aquifers in the groundwater management area that are | ||
| regulated by groundwater conservation districts; | ||
| (3) identifies: | ||
| (A) each source of water supply in the regional | ||
| water planning area, including information supplied by the | ||
| executive administrator on the amount of modeled available | ||
| groundwater in accordance with the guidelines provided by the | ||
| development board under Subsections (d) and (f); | ||
| (B) factors specific to each source of water | ||
| supply to be considered in determining whether to initiate a | ||
| drought response; | ||
| (C) actions to be taken as part of the response; | ||
| (D) existing major water infrastructure | ||
| facilities that may be used for interconnections in the event of an | ||
| emergency shortage of water; and | ||
| (E) unnecessary or counterproductive variations | ||
| in specific drought response strategies, including outdoor | ||
| watering restrictions, among user groups in the regional water | ||
| planning area that may confuse the public or otherwise impede | ||
| drought response efforts; | ||
| (4) has specific provisions for water management | ||
| strategies to be used during a drought of record; | ||
| (5) includes but is not limited to consideration of | ||
| the following: | ||
| (A) any existing water or drought planning | ||
| efforts addressing all or a portion of the region and potential | ||
| impacts on public health, safety, or welfare in this state; | ||
| (B) approved groundwater conservation district | ||
| management plans and other plans submitted under Section 16.054; | ||
| (C) all potentially feasible water management | ||
| strategies, including but not limited to improved conservation, | ||
| reuse, and management of existing water supplies, conjunctive use, | ||
| acquisition of available existing water supplies, and development | ||
| of new water supplies; | ||
| (D) protection of existing water rights in the | ||
| region; | ||
| (E) opportunities for and the benefits of | ||
| developing regional water supply facilities or providing regional | ||
| management of water supply facilities; | ||
| (F) appropriate provision for environmental | ||
| water needs and for the effect of upstream development on the bays, | ||
| estuaries, and arms of the Gulf of Mexico and the effect of plans on | ||
| navigation; | ||
| (G) provisions in Section 11.085(k)(1) if | ||
| interbasin transfers are contemplated; | ||
| (H) voluntary transfer of water within the region | ||
| using, but not limited to, regional water banks, sales, leases, | ||
| options, subordination agreements, and financing agreements; | ||
| (I) emergency transfer of water under Section | ||
| 11.139, including information on the part of each permit, certified | ||
| filing, or certificate of adjudication for nonmunicipal use in the | ||
| region that may be transferred without causing unreasonable damage | ||
| to the property of the nonmunicipal water rights holder; and | ||
| (J) opportunities for and the benefits of | ||
| developing large-scale desalination facilities for: | ||
| (i) marine seawater that serve local or | ||
| regional entities; and | ||
| (ii) brackish groundwater that serve local | ||
| or regional brackish groundwater production zones identified and | ||
| designated under Section 16.060(b)(5); | ||
| (6) identifies river and stream segments of unique | ||
| ecological value and sites of unique value for the construction of | ||
| reservoirs that the regional water planning group recommends for | ||
| protection under Section 16.051; | ||
| (7) assesses the impact of the plan on unique river and | ||
| stream segments identified in Subdivision (6) if the regional water | ||
| planning group or the legislature determines that a site of unique | ||
| ecological value exists; | ||
| (8) describes the impact of proposed water projects on | ||
| water quality; | ||
| (9) includes information on: | ||
| (A) projected water use and conservation in the | ||
| regional water planning area; and | ||
| (B) the implementation of state and regional | ||
| water plan projects, including water conservation strategies, | ||
| necessary to meet the state's projected water demands; | ||
| (10) if the regional water planning area has | ||
| significant identified water needs, provides a specific assessment | ||
| of the potential for aquifer storage and recovery projects to meet | ||
| those needs; | ||
| (11) sets one or more specific goals for gallons of | ||
| water use per capita per day in each decade of the period covered by | ||
| the plan for the municipal water user groups in the regional water | ||
| planning area; [ |
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| (12) assesses the progress of the regional water | ||
| planning area in encouraging cooperation between water user groups | ||
| for the purpose of achieving economies of scale and otherwise | ||
| incentivizing strategies that benefit the entire region; and | ||
| (13) describes opportunities for the creation and | ||
| establishment of local or regional water markets and considers the | ||
| potential for voluntary transfer of water in the region using those | ||
| markets. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
