88R14482 KBB-D     By: Wilson H.B. No. 5279       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on interbasin transfers of state water.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.085(a), Water Code, is amended to   read as follows:          (a)  A [No] person may not take or divert any state water from   a river basin in this state and transfer such water to any other   river basin [without first applying for and receiving a water right   or an amendment to a permit, certified filing, or certificate of   adjudication from the commission authorizing the transfer].          SECTION 2.  Section 11.0237(b), Water Code, is amended to   read as follows:          (b)  This section does not alter the commission's   obligations under Section 11.042(a-1), (b), or (c), 11.046(b),   [11.085(k)(2)(F),] 11.134(b)(3)(D), 11.147, 11.1471, 11.1491,   11.150, 11.152, 16.058, 16.059, or 18.004.          SECTION 3.  Section 16.053(e), Water Code, is amended to   read as follows:          (e)  Each regional water planning group shall submit to the   development board a regional water plan that:                (1)  is consistent with the guidance principles for the   state water plan adopted by the development board under Section   16.051(d);                (2)  provides information based on data provided or   approved by the development board in a format consistent with the   guidelines provided by the development board under Subsection (d);                (2-a) is consistent with the desired future conditions   adopted under Section 36.108 for the relevant aquifers located in   the regional water planning area as of the most recent deadline for   the board to adopt the state water plan under Section 16.051 or, at   the option of the regional water planning group, established   subsequent to the adoption of the most recent plan; provided,   however, that if no groundwater conservation district exists within   the area of the regional water planning group, the regional water   planning group shall determine the supply of groundwater for   regional planning purposes; the Texas Water Development Board shall   review and approve, prior to inclusion in the regional water plan,   that the groundwater supply for the regional planning group without   a groundwater conservation district in its area is physically   compatible, using the board's groundwater availability models,   with the desired future conditions adopted under Section 36.108 for   the relevant aquifers in the groundwater management area that are   regulated by groundwater conservation districts;                (3)  identifies:                      (A)  each source of water supply in the regional   water planning area, including information supplied by the   executive administrator on the amount of modeled available   groundwater in accordance with the guidelines provided by the   development board under Subsections (d) and (f);                      (B)  factors specific to each source of water   supply to be considered in determining whether to initiate a   drought response;                      (C)  actions to be taken as part of the response;                      (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;                      (H) [(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                      (I) [(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; and                (12)  assesses the progress of the regional water   planning area in encouraging cooperation between water user groups   for the purpose of achieving economies of scale and otherwise   incentivizing strategies that benefit the entire region.          SECTION 4.  Section 16.403(e), Water Code, is amended to   read as follows:          (e)  Data included in a water conservation plan or report   required under this code and submitted to the board or commission   must be interpreted in the context of variations in local water   use.  [The data may not be the only factor considered by the   commission in determining the highest practicable level of water   conservation and efficiency achievable in the jurisdiction of a   municipality or water utility for purposes of Section 11.085(l).]          SECTION 5.  Sections 11.085(b) through (v), Water Code, are   repealed.          SECTION 6.  (a)  This Act does not apply to an application   for a water right or an amendment to a permit, certified filing, or   certificate of adjudication authorizing an interbasin transfer of   water that is accepted for filing before the effective date of this   Act.          (b)  An application for a water right or an amendment to a   permit, certified filing, or certificate of adjudication   authorizing an interbasin transfer of water that is accepted for   filing before the effective date of this Act is governed by the law   in effect at the time the application is accepted for filing, and   the former law is continued in effect for that purpose.          SECTION 7.  This Act takes effect September 1, 2023.