Current through Reg. 49, No. 38; September 20, 2024
(a) RWPGs shall identify and evaluate
potentially feasible WMSs and the WMSPs required to implement those strategies
for all WUGs and WWPs with identified Water Needs.
(b) RWPGs shall identify potentially feasible
WMSs to meet water supply needs identified in §
357.33
of this title (relating to Needs Analysis: Comparison of Water Supplies and
Demands) in accordance with the process in §
357.12(b)
of this title (relating to General Regional Water Planning Group
Responsibilities and Procedures). Strategies shall be developed for WUGs and
WWPs. WMS and WMSPs shall be developed for WUGs and WWPs that would provide
water to meet water supply needs during Drought of Record conditions.
(c) Potentially feasible WMSs may include,
but are not limited to:
(1) Expanded use of
existing supplies including system optimization and conjunctive use of water
resources, reallocation of reservoir storage to new uses, voluntary
redistribution of water resources including contracts, water marketing,
regional water banks, sales, leases, options, subordination agreements, and
financing agreements, subordination of existing water rights through voluntary
agreements, enhancements of yields of existing sources, and improvement of
water quality including control of naturally occurring chlorides.
(2) New supply development including
construction and improvement of surface water and groundwater resources, brush
control, precipitation enhancement, seawater desalination, brackish groundwater
desalination, water supply that could be made available by cancellation of
water rights based on data provided by the Commission, rainwater harvesting,
and aquifer storage and recovery.
(3) Conservation and Drought Management
Measures including demand management.
(4) Reuse of wastewater.
(5) Interbasin Transfers of Surface
Water.
(6) Emergency transfers of
surface water including a determination of the part of each water right for
non-municipal use in the RWPA that may be transferred without causing
unreasonable damage to the property of the non-municipal water rights holder in
accordance with Texas Water Code §
11.139
(relating to Emergency Authorizations).
(d) All recommended WMSs and WMSPs that are
entered into the State Water Planning Database shall be designed to reduce the
consumption of water, reduce the loss or waste of water, improve the efficiency
in the use of water, or develop, deliver or treat additional water supply
volumes to WUGs or WWPs in at least one planning decade such that additional
water is available during Drought of Record conditions. Any other RWPG
recommendations regarding permit modifications, operational changes, and/or
other infrastructure that are not designed to reduce the consumption of water,
reduce the loss or waste of water, improve the efficiency in the use of water,
or develop, deliver or treat additional water supply volumes to WUGs or WWPs in
at least one Planning Decade such that additional water is available during
Drought of Record conditions shall be indicated as such and presented
separately in the RWP and shall not be eligible for funding from the State
Water Implementation Fund for Texas.
(e) Evaluations of potentially feasible WMSs
and associated WMSPs shall include the following analyses:
(1) For the purpose of evaluating potentially
feasible WMSs, the Commission's most current Water Availability Model with
assumptions of no return flows and full utilization of senior water rights, is
to be used. Alternative assumptions may be used with written approval from the
EA who shall consider a written request from an RWPG to use assumptions other
than no return flows and full utilization of senior water rights.
(2) An equitable comparison between and
consistent evaluation and application of all WMSs the RWPGs determine to be
potentially feasible for each water supply need.
(3) A quantitative reporting of:
(A) The net quantity, reliability, and cost
of water delivered and treated for the end user's requirements during Drought
of Record conditions, taking into account and reporting anticipated strategy
water losses, incorporating factors used in calculating infrastructure debt
payments and may include present costs and discounted present value costs.
Costs do not include costs of infrastructure associated with distribution of
water within a WUG after treatment, except for specific, limited allowances for
direct reuse and conservation WMSs.
(B) Environmental factors including effects
on environmental water needs, wildlife habitat, cultural resources, and effect
of upstream development on bays, estuaries, and arms of the Gulf of Mexico.
Evaluations of effects on environmental flows shall include consideration of
the Commission's adopted environmental flow standards under 30 Texas
Administrative Code Chapter 298 (relating to Environmental Flow Standards for
Surface Water). If environmental flow standards have not been established, then
environmental information from existing site-specific studies, or in the
absence of such information, state environmental planning criteria adopted by
the Board for inclusion in the State Water Plan after coordinating with staff
of the Commission and the Texas Parks and Wildlife Department to ensure that
WMSs are adjusted to provide for environmental water needs including instream
flows and bays and estuaries inflows.
(C) Impacts to agricultural
resources.
(4) Discussion
of the plan's impact on other water resources of the state including other WMSs
and groundwater and surface water interrelationships.
(5) A discussion of each threat to
agricultural or natural resources identified pursuant to §
357.30(7)
of this title (relating to Description of the Regional Water Planning Area)
including how that threat will be addressed or affected by the WMSs
evaluated.
(6) If applicable,
consideration and discussion of the provisions in Texas Water Code §
11.085(k)(1)
for Interbasin Transfers of Surface Water. At minimum, this consideration shall
include a summation of Water Needs in the basin of origin and in the receiving
basin.
(7) Consideration of
third-party social and economic impacts resulting from voluntary
redistributions of water including analysis of third-party impacts of moving
water from rural and agricultural areas.
(8) A description of the major impacts of
recommended WMSs on key parameters of water quality identified by RWPGs as
important to the use of a water resource and comparing conditions with the
recommended WMSs to current conditions using best available data.
(9) Other factors as deemed relevant by the
RWPG including recreational impacts.
(f) RWPGs shall evaluate and present
potentially feasible WMSs and WMSPs with sufficient specificity to allow state
agencies to make financial or regulatory decisions to determine consistency of
the proposed action before the state agency with an approved RWP.
(g) Implementation of large recommended WMSs
and associated WMSPs.
(1) For large
recommended WMSs and associated WMSPs, RWPGs must include the following
information:
(A) expenditures of sponsor
money;
(B) permit applications,
including the status of a permit application; and
(C) status updates on the phase of
construction of a project.
(2) For purposes of this subchapter, large
WMSs include:
(A) any reservoir
(B) any seawater desalination
(C) large direct potable reuse
strategies
(D) large brackish
groundwater strategies
(E) large
aquifer storage and recovery strategies
(F) all water transfers to or from out of
state
(G) any other innovative
technology strategies the Executive Administrator considers
appropriate
(h)
If an RWPG does not recommend aquifer storage and recovery strategies, seawater
desalination strategies, or brackish groundwater desalination strategies it
must document the reason(s) in the RWP.
(i) In instances where an RWPG has determined
there are significant identified Water Needs in the RWPA, the RWP shall include
an assessment of the potential for aquifer storage and recovery to meet those
Water Needs. Each RWPG shall define the threshold to determine whether it has
significant identified Water Needs. Each RWP shall include, at a minimum, a
description of the methodology used to determine the threshold of significant
needs. If a specific assessment is conducted, the assessment may be based on
information from existing studies and shall include minimum parameters as
defined in contract guidance.
(j)
Conservation, Drought Management Measures, and Drought Contingency Plans shall
be considered by RWPGs when developing the regional plans, particularly during
the process of identifying, evaluating, and recommending WMSs. RWPs shall
incorporate water conservation planning and drought contingency planning in the
RWPA.
(1) Drought Management Measures
including water demand management. RWPGs shall consider Drought Management
Measures for each need identified in §
357.33 of this title and shall
include such measures for each user group to which Texas Water Code §
11.1272 (relating to
Drought Contingency Plans for Certain Applicants and Water Right Holders)
applies. Impacts of the Drought Management Measures on Water Needs must be
consistent with guidance provided by the Commission in its administrative rules
implementing Texas Water Code §
11.1272. If an RWPG does
not adopt a drought management strategy for a need it must document the reason
in the RWP. Nothing in this paragraph shall be construed as limiting the use of
voluntary arrangements by water users to forgo water usage during drought
periods.
(2) Water conservation
practices. RWPGs must consider water conservation practices, including
potentially applicable best management practices, for each identified Water
Need.
(A) RWPGs shall include water
conservation practices for each user group to which Texas Water Code §
11.1271 and §
13.146 (relating to Water
Conservation Plans) apply. The impact of these water conservation practices on
Water Needs must be consistent with requirements in appropriate Commission
administrative rules related to Texas Water Code §
11.1271 and §
13.146.
(B) RWPGs shall consider water conservation
practices for each WUG beyond the minimum requirements of subparagraph (A) of
this paragraph, whether or not the WUG is subject to Texas Water Code §
11.1271 and §
13.146. If RWPGs do not
adopt a Water Conservation Strategy to meet an identified need, they shall
document the reason in the RWP.
(C)
For each WUG or WWP that is to obtain water from a proposed interbasin transfer
to which Texas Water Code §
11.085 (relating to
Interbasin Transfers) applies, RWPGs shall include a Water Conservation
Strategy, pursuant to Texas Water Code §
11.085(l),
that will result in the highest practicable level of water conservation and
efficiency achievable. For these strategies, RWPGs shall determine, and report
projected water use savings in gallons per capita per day based on its
determination of the highest practicable level of water conservation and
efficiency achievable. RWPGs shall develop conservation strategies based on
this determination. In preparing this evaluation, RWPGs shall seek the input of
WUGs and WWPs as to what is the highest practicable level of conservation and
efficiency achievable, in their opinion, and take that input into
consideration. RWPGs shall develop water conservation strategies consistent
with guidance provided by the Commission in its administrative rules that
implement Texas Water Code §
11.085. When developing
water conservation strategies, the RWPGs must consider potentially applicable
best management practices. Strategy evaluation in accordance with this section
shall include a quantitative description of the quantity, cost, and reliability
of the water estimated to be conserved under the highest practicable level of
water conservation and efficiency achievable.
(D) RWPGs shall consider strategies to
address any issues identified in the information compiled by the Board from the
water loss audits performed by Retail Public Utilities pursuant to §
358.6 of this title (relating to
Water Loss Audits).
(3)
RWPGs shall recommend Gallons Per Capita Per Day goal(s) for each municipal WUG
or specified groupings of municipal WUGs. Goals must be recommended for each
planning decade and may be a specific goal or a range of values. At a minimum,
the RWPs shall include Gallons Per Capita Per Day goals based on drought
conditions to align with guidance principles in §
358.3 of this title (relating to
Guidance Principles).
(k)
RWPs shall include a subchapter consolidating the RWPG's recommendations
regarding water conservation. RWPGs shall include in the RWPs model Water
Conservation Plans pursuant to Texas Water Code §
11.1271.
