reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.024. Financial Assistance for Digital, Geospatial Information Projects

Sec. 16.024.  FINANCIAL ASSISTANCE FOR DIGITAL, GEOSPATIAL INFORMATION PROJECTS.  (a)  A political subdivision seeking a grant under Section 16.023 must file an application with the board.
(b)  An application must be filed in the manner and form required by board rules.
(c)  In reviewing an application by a political subdivision for a grant, the board shall consider:
(1)  the degree to which the political subdivision has used other available resources to finance the development, use, and dissemination of digital, geospatial information;
(2)  the willingness and ability of the political subdivision to develop, use, and disseminate digital, geospatial information; and
(3)  the benefits that will be gained by making the grant.
(d)  The board may approve a grant to a political subdivision only if the board finds that:
(1)  the grant will supplement rather than replace money of the political subdivision;
(2)  the public interest is served by providing the grant; and
(3)  the grant will further the state's ability to gather, develop, use, and disseminate digital, geospatial information.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.13, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.025. Reporting of Federal Money Used for Flood Research, Planning, and Mitigation Projects

Sec. 16.025.  REPORTING OF FEDERAL MONEY USED FOR FLOOD RESEARCH, PLANNING, AND MITIGATION PROJECTS.  The board shall maintain and make available on the board's Internet website a publicly accessible database of the information submitted under Section 2061.002, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 587 (S.B. 563), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.026. Statewide Water Public Awareness Program

Text of section as transferred, redesignated and amended by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 9
Sec. 16.026.  STATEWIDE WATER PUBLIC AWARENESS PROGRAM.  (a)  The executive administrator shall develop and implement a statewide water public awareness program to educate residents of this state about water.  The program shall take into account the differences in water needs of various geographic regions of the state and shall be designed to complement and support existing local and regional water education or awareness  programs.
(b)  The executive administrator is required to develop and implement the program required by Subsection (a) in a state fiscal biennium only if the legislature appropriates sufficient money in that biennium specifically for that purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 8, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.18, eff. September 1, 2007.
Transferred, redesignated and amended from Water Code, Section 16.401 by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.027. Statewide Water Public Awareness Account

Sec. 16.027.  STATEWIDE WATER PUBLIC AWARENESS ACCOUNT.  (a) The statewide water public awareness account is an account in the general revenue fund. The account consists of:
(1)  money appropriated to the board for deposit to the credit of the account;
(2)  money transferred by the board to the credit of the account from other funds available to the board;
(3)  money from gifts or grants to the account from any source, including the federal government, an educational institution, or a private donor;
(4)  proceeds from the sale of educational or public awareness materials, publications, and other items deposited to the credit of the account; and
(5)  interest earned on the investment of money in the account and depository interest allocable to the account.
(b)  The account may be used by the board to develop, administer, and implement the statewide water public awareness program established by Section 16.026.
(c)  The account is exempt from the application of Section 403.095, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter C. Planning › Section 16.052. Interregional Planning Council

Sec. 16.052.  INTERREGIONAL PLANNING COUNCIL.  (a)  The board, at an appropriate time in each five-year cycle for the adoption of a new state water plan, shall appoint an interregional planning council.  The members of the council serve until a new state water plan is adopted.
(b)  The council consists of one member of each regional water planning group.  Each regional water planning group shall nominate one or more members for appointment to the council, and the board shall consider the nominations in making appointments to the council.
(c)  The purposes of the council are to:
(1)  improve coordination among the regional water planning groups, and between each regional water planning group and the board, in meeting the goals of the state water planning process and the water needs of the state as a whole;
(2)  facilitate dialogue regarding water management strategies that could affect multiple regional water planning areas; and
(3)  share best practices regarding operation of the regional water planning process.
(d)  The council shall:
(1)  hold at least one public meeting; and
(2)  prepare a report to the board on the council's work.
Added by Acts 2019, 86th Leg., R.S., Ch. 745 (H.B. 807), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter C. Planning › Section 16.0551. State Drought Preparedness Plan

Sec. 16.0551.  STATE DROUGHT PREPAREDNESS PLAN.  (a)  The drought preparedness council shall develop and implement a comprehensive state drought preparedness plan for mitigating the effects of drought in the state and shall periodically update the plan.  The plan shall be separate from the state water plan.
(b)  The plan shall provide for:
(1)  timely and systematic data collection, analysis, and dissemination of drought-related information;
(2)  an organizational structure that:
(A)  assures information flow between and within levels of government;
(B)  defines the duties and responsibilities of all agencies with respect to drought;  and
(C)  assures coordination between the state and federal governments through integration with applicable national drought policies;
(3)  maintenance of an inventory of state and federal programs for assessing and responding to drought emergencies, together with updated recommendations regarding appropriate action;
(4)  a mechanism to improve the timely and accurate assessment of drought impact on agriculture, industry, municipalities, wildlife, and the health of the natural resource base;
(5)  provision of accurate and timely information to the media to keep the public informed of current conditions;  and
(6)  procedures to evaluate and revise the plan on a continuous basis to keep the plan responsive to state needs.
(c)  The state drought manager shall use existing resources to develop an information and communications network to forecast and inform interested parties and the public of the potential for drought, including programs and staff of state agencies and other political subdivisions and of state institutions of higher education.
Added by Acts 1999, 76th Leg., ch. 979, Sec. 8, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter C. Planning › Section 16.056. Federal Assistance in Financing Regional Water Plans

Sec. 16.056.  FEDERAL ASSISTANCE IN FINANCING REGIONAL WATER PLANS.  The executive administrator may take all necessary action to qualify for federal assistance in financing the development and improvement of the regional water plans.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.047, eff. Sept. 1, 1985.  Renumbered from Water Code Sec. 16.057 and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 1.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter C. Planning › Section 16.058. Collection of Bays and Estuaries Data; Conduct of Studies

Sec. 16.058.  COLLECTION OF BAYS AND ESTUARIES DATA;  CONDUCT OF STUDIES.  (a)  The Parks and Wildlife Department and the board shall have joint responsibility, in cooperation with other appropriate governmental agencies, to establish and maintain on a continuous basis a bay and estuary data collection and evaluation program and conduct studies and analyses to determine bay conditions necessary to support a sound ecological environment.
(b)  The Parks and Wildlife Department and the board each shall designate an employee to share equally in the oversight of the program studies.  Other responsibilities shall be divided between the Parks and Wildlife Department and the board to maximize present in-house capabilities of personnel and equipment and to minimize costs to the state.
(c)  The Parks and Wildlife Department and the board each shall have reasonable access to all data, studies, analyses, information, and reports produced by the other agency.
(d)  The studies shall be completed not later than December 31, 1989.  Publication of completed studies shall be submitted for comment to both the board and the Parks and Wildlife Department.
(e)  The board may authorize the use of money from the research and planning fund established by Chapter 15 of this code to accomplish the purposes of this section.  That money shall be used by the board in cooperation with the Parks and Wildlife Department for interagency contracts with cooperating agencies and universities and contracts with private sector establishments, as necessary, to accomplish the purposes of this section.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.047, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 419, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter C. Planning › Section 16.059. Collection of Instream Flow Data; Conduct of Studies

Sec. 16.059.  COLLECTION OF INSTREAM FLOW DATA;  CONDUCT OF STUDIES.  (a)  The Parks and Wildlife Department, the commission, and the board, in cooperation with other appropriate governmental agencies, shall jointly establish and continuously maintain an instream flow data collection and evaluation program and shall conduct studies and analyses to determine appropriate methodologies for determining flow conditions in the state's rivers and streams necessary to support a sound ecological environment.  Any stream that consists only of floodwaters and is dry more than 75 percent of the year is exempt from this section.
(b)  The Parks and Wildlife Department, the commission, and the board shall each designate an employee to share equally in the oversight of the program studies.  Other responsibilities shall be divided between the Parks and Wildlife Department, the commission, and the board to maximize present in-house capabilities of personnel and equipment and to minimize costs to the state.
(c)  The Parks and Wildlife Department, the commission, and the board shall each have reasonable access to all data, studies, analyses, information, and reports produced by the other agencies.
(d)  The priority studies shall be completed not later than December 31, 2016.  The Parks and Wildlife Department, the commission, and the board shall establish a work plan that prioritizes the studies and that sets interim deadlines providing for publication of flow determinations for individual rivers and streams on a reasonably consistent basis throughout the prescribed study period.  Before publication, completed studies shall be submitted for comment to the commission, the board, and the Parks and Wildlife Department.
(e)  Results of studies completed under this section shall be considered by the commission in its review of any management plan, water right, or interbasin transfer.
(f)  The board may authorize the use of money from the research and planning fund established under Chapter 15 to accomplish the purposes of this section.  The money shall be used by the board in cooperation with the commission and the Parks and Wildlife Department for interagency contracts with cooperating agencies and universities and contracts with private sector establishments, as necessary, to accomplish the purposes of this section.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.17, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.23, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.23, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter C. Planning › Section 16.061. State Flood Plan

Sec. 16.061.  STATE FLOOD PLAN.  (a)  Not later than September 1, 2024, and before the end of each successive five-year period after that date, the board shall prepare and adopt a comprehensive state flood plan that incorporates the regional flood plans approved under Section 16.062.  The state flood plan must:
(1)  provide for orderly preparation for and response to flood conditions to protect against the loss of life and property;
(2)  be a guide to state and local flood control policy; and
(3)  contribute to water development where possible.
(b)  The state flood plan must include:
(1)  an evaluation of the condition and adequacy of flood control infrastructure on a regional basis;
(2)  a statewide, ranked list of ongoing and proposed flood control and mitigation projects and strategies necessary to protect against the loss of life and property from flooding and a discussion of how those projects and strategies might further water development, where applicable;
(3)  an analysis of completed, ongoing, and proposed flood control projects included in previous state flood plans, including which projects received funding;
(4)  an analysis of development in the 100-year floodplain areas as defined by the Federal Emergency Management Agency; and
(5)  legislative recommendations the board considers necessary to facilitate flood control planning and project construction.
(c)  The board, in coordination with the commission, the Department of Agriculture, the General Land Office, the Parks and Wildlife Department, the Texas Division of Emergency Management, and the State Soil and Water Conservation Board, shall adopt guidance principles for the state flood plan that reflect the public interest of the entire state.  The board shall review and revise the guidance principles, with input from the commission, the Department of Agriculture, the General Land Office, the Parks and Wildlife Department, the Texas Division of Emergency Management, and the State Soil and Water Conservation Board as necessary and at least every fifth year to coincide with the five-year cycle for adoption of a new state flood plan.
(d)  On adoption of a state flood plan, the board shall deliver the plan to the:
(1)  governor;
(2)  lieutenant governor;
(3)  speaker of the house of representatives; and
(4)  appropriate legislative committees and legislative leadership.
Added by Acts 2019, 86th Leg., R.S., Ch. 565 (S.B. 8), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter D. Cooperation With Federal Government › Section 16.091. Designation of Board

Sec. 16.091.  DESIGNATION OF BOARD.  The board is designated as the state agency to cooperate with the Corps of Engineers of the United States Army and the Bureau of Reclamation of the United States Department of the Interior in the planning of water resource development projects in this state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.047, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter D. Cooperation With Federal Government › Section 16.092. Local Sponsors for Projects

Sec. 16.092.  LOCAL SPONSORS FOR PROJECTS.  (a)  When a project is proposed for planning or development by the board, the Corps of Engineers of the United States Army, or the Bureau of Reclamation of the United States Department of the Interior, any political subdivision may apply to the executive director for designation as the cooperating local sponsor of the project.
(b)  In the application the applicant shall:
(1)  describe the purposes of the project;
(2)  state the reasons for the application, the contemplated use of water the applicant might derive from the project if a permit for the use is subsequently granted by the commission;  and
(3)  cite the contributions the applicant is prepared to make to the planning or development of the project.
(c)  No application for designation as a local sponsor shall cover more than one proposed project.
(d)  The commission shall prescribe the form to be used in applications for designation as cooperating local sponsor.  Before accepting the application, the commission may require that the applicant complete the prescribed form.
(e)  Before making any designation of local sponsorship, the commission shall set the application for hearing and give public notice of the hearing.  Any interested party may appear and be heard for or against the designation of the applicant as project sponsor.
(f)  More than one cooperating local sponsor may be designated for each project, but each applicant must comply with the provisions of this section.
(g)  After a public hearing, the commission, by written order, shall grant or reject the application and shall state its reasons.  The commission may set a reasonable time period for any sponsorship designation.
(h)  In granting any future permit for use of water stored in a project for which it has designated a local sponsor, the commission shall fully recognize that sponsor's contributions to the planning and development of the project.
(i)  To the extent that no local cooperator is prepared to undertake local sponsorship of a federal project in whole or part or to the extent that the board has an interest in the project, the board may be designated as sponsor of the project or as an additional cooperating sponsor.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.048, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 20, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter D. Cooperation With Federal Government › Section 16.093. Participation in Federal Programs

Sec. 16.093.  PARTICIPATION IN FEDERAL PROGRAMS.  (a)  The board may execute agreements with the United States Environmental Protection Agency or its successor agency and any other federal agency that administers programs providing federal grants, loans, or other assistance to local or state governments or other persons for water supply projects, treatment works, or structural or nonstructural flood control measures, as those terms are defined by Section 17.001.  The board may exercise all duties and responsibilities required for the administration by the board of a federal program described by this subsection.
(b)  The executive administrator, with the approval of the board, may execute agreements with the United States Environmental Protection Agency or its successor agency and any other federal agency for activities described by Subsection (a).
(c)  The board may accept and use federal funds for the purposes provided by Subsection (a).
Added as Sec. 21.101 by Acts 1977, 65th Leg., p. 253, ch. 120, Sec. 1, eff. Aug. 29, 1977.  Renumbered from Sec. 26.048 and amended by Acts 1987, 70th Leg., ch. 977, Sec. 25, eff. June 19, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 21 (H.B. 1657), Sec. 1, eff. May 9, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.131. Authorized Projects for State Participation Account

Sec. 16.131.  AUTHORIZED PROJECTS FOR STATE PARTICIPATION ACCOUNT.  (a)  The board may use the state participation account of the development fund to encourage optimum regional and interregional development of projects including the design, acquisition, lease, construction, reconstruction, development, or enlargement in whole or part of:
(1)  reservoirs and storm water retention basins for water supply, flood protection, and groundwater recharge;
(2)  facilities for the transmission and treatment of water;
(3)  treatment works as defined by Section 17.001; and
(4)  interregional water supply projects selected under Section 16.145.
(b)  The board may not use the state participation account of the development fund to finance a project recommended through the state and regional water planning processes under Sections 16.051 and 16.053 if the applicant has failed to satisfactorily complete a request by the executive administrator or a regional planning group for information relevant to the project.
(c)  Not less than 50 percent of money used from the state participation account of the development fund in any fiscal year must be used for interregional water projects selected under Section 16.145.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 2.15;  Acts 1987, 70th Leg., ch. 1103, Sec. 10, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 891 (S.B. 370), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 983 (H.B. 1732), Sec. 3, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 3, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 68 (H.B. 1905), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.1311. Priority for Water Conservation

Sec. 16.1311.  PRIORITY FOR WATER CONSERVATION.  The board shall give priority to applications for funds for implementation of water supply projects in the state water plan by entities that:
(1)  have already demonstrated significant water conservation savings; or
(2)  will achieve significant water conservation savings by implementing the proposed project for which the financial assistance is sought.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.16, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.132. Joint Ventures

Sec. 16.132.  JOINT VENTURES.  The board may act singly or in a joint venture in partnership with any person or entity, including any agency or political subdivision of this state, or with another state or its political subdivisions, or with the United States, or with a foreign nation, to the extent permitted by law.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.133. Permits Required

Sec. 16.133.  PERMITS REQUIRED.  Except as provided by Section 16.1331 of this code, the board shall obtain permits from the commission for the storage, transportation, and application to beneficial use of water in reservoirs and associated works constructed by the board.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 4.04.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.1331. Reservation and Appropriation for Bays and Estuaries and Instream Uses

Sec. 16.1331.  RESERVATION AND APPROPRIATION FOR BAYS AND ESTUARIES AND INSTREAM USES.  (a)  Five percent of the annual firm yield of water in any reservoir and associated works constructed with state financial participation under this chapter within 200 river miles from the coast, to commence from the mouth of the river thence inland, is appropriated to the Parks and Wildlife Department for use to make releases to bays and estuaries and for instream uses, and the commission shall issue permits for this water to the Parks and Wildlife Department under procedures adopted by the commission.
(b)  The Parks and Wildlife Department in cooperation with the commission shall manage this water for the purposes stated in this section.
(c)  The Parks and Wildlife Department shall adopt necessary rules and shall enter into necessary memoranda of understanding with the commission to provide necessary rules and procedures for managing the water and for release of the water for the purposes stated in this section.
(d)  This section applies only to reservoirs and associated works on which construction begins on or after September 1, 1985.
(e)  This section does not limit or repeal any other authority of or law relating to the commission.
(f)  Operating and maintenance costs for the percentage of annual firm yield appropriated to the Parks and Wildlife Department shall be paid by local political subdivisions that are the project owners.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 4.04.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.288, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.134. Storing Water

Sec. 16.134.  STORING WATER.  The board may use any reservoir acquired, leased, constructed, reconstructed, developed, or enlarged by it under this chapter to store unappropriated state water and other water acquired by the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.1341. Payment for Releases and Pass-Throughs From State Reservoirs

Sec. 16.1341.  PAYMENT FOR RELEASES AND PASS-THROUGHS FROM STATE RESERVOIRS.  (a)  If the commission orders, for the purpose of maintaining the ecological health of any bay and estuary system, a release or pass-through of appropriated water from an existing reservoir owned in part by the board on September 1, 1985, the board shall pay the amount necessary to pay all maintenance and operating costs associated with the storage and release of the water.
(b)  If the order under Subsection (a) of this section results in a dedication that reduces the reservoir's firm yield water supply capability, the board is responsible for repayment of that portion of the construction cost indebtedness associated with that dedication.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 4.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.135. Board Findings

Sec. 16.135.  BOARD FINDINGS.  Before the board may acquire a facility or interest in a facility, the board shall find affirmatively that:
(1)  it is reasonable to expect that the state will recover its investment in the facility;
(2)  the cost of the facility exceeds the current financing capabilities of the area involved, and the optimum regional development of the facility cannot be reasonably financed by local interests without state participation;
(3)  the public interest will be served by acquisition of the facility;  and
(4)  the facility to be constructed or reconstructed contemplates the optimum regional development which is reasonably required under all existing circumstances of the site.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 2.15.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.1351. Recreational Access

Sec. 16.1351.  RECREATIONAL ACCESS.  If the board is acquiring an interest in a storage facility, it must also find affirmatively that the applicant has a plan to provide adequate public recreational access areas to suitable recreational resources.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.22.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.136. Facilities Wanted by Political Subdivision

Sec. 16.136.  FACILITIES WANTED BY POLITICAL SUBDIVISION.  The board may acquire all or part of any authorized facility to the extent that the board finds that the political subdivision:
(1)  is willing and reasonably able to finance that portion of the cost of the facility that the board does not acquire;
(2)  has obtained all necessary permits;
(3)  has proposals that are consistent with the objectives of the state water plan; and
(4)  has complied with water conservation plan requirements as required by Section 16.4021.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 10, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1234, Sec. 26, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.137. Contracts: General Authority

Sec. 16.137.  CONTRACTS:  GENERAL AUTHORITY.  (a)  The board may execute contracts to the full extent that contracts are constitutionally authorized and not limited for the design, management, acquisition, lease, construction, reconstruction, development, enlargement, operation, or maintenance, singularly or in any combination, of any existing or proposed project.
(b)  The board shall obtain the approval of the attorney general as to the legality of all contracts authorized under this subchapter to which the board is a party.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.138. Specific Contracts Authorized

Sec. 16.138.  SPECIFIC CONTRACTS AUTHORIZED.  Contracts authorized by Section 16.137 of this code shall include but are not limited to the following:
(1)  contracts secured by the general credit of the state which shall constitute general obligations of the state in the same manner and with the same effect as water development bonds, and principal and interest on these contracts shall be paid in the manner provided for payment of principal and interest on state bonds by the constitution;
(2)  federal grants or grants from other sources;
(3)  contracts which may be fully or partially secured by water purchase or repayment contracts executed by political subdivisions of the state for purchase of water and facilities necessary to supply present and future regional and local water requirements;
(4)  contracts with any person, including but not limited to the United States, local public agencies, power cooperatives, and investor-owned utilities, for financing, constructing, and operating facilities to operate and deliver pumping energy required for projects;  and
(5)  contracts for goods and services necessary for the design, management, acquisition, lease, construction, reconstruction, development, enlargement, implementation, operation, or maintenance of any existing or proposed project or portion of the project.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.139. Contracts: Facilities Acquired for a Term of Years

Sec. 16.139.  CONTRACTS:  FACILITIES ACQUIRED FOR A TERM OF YEARS.  If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.140. Maintenance Contracts

Sec. 16.140.  MAINTENANCE CONTRACTS.  The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and maintenance charges allocable to the state interest.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.141. Recreational Facilities

Sec. 16.141.  RECREATIONAL FACILITIES.  The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the development and operation of recreational facilities at any project in which the state has acquired an interest.  Income received by the board under these contracts may be used for the same purposes as income from the sale of water.  The legislature may appropriate money for the development and operation of recreational facilities at projects in which the state has acquired an interest.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.142. Recovery of Administrative Costs

Sec. 16.142.  RECOVERY OF ADMINISTRATIVE COSTS.  (a)  The board may charge an administrative fee to a political subdivision with which the board agrees to participate in a project under this subchapter.
(b)  The board by rule shall set the fee at an amount it considers necessary to recover the costs incurred or to be incurred by the board in administering the project over its life, including the costs of processing an application, monitoring construction, and auditing and monitoring the project.  The state auditor may review fees charged by the board to determine whether the fees are set consistent with this subsection, based on a risk assessment performed by the state auditor and subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013, Government Code.
(c)  The board may require the payment of the fee in one or more payments.
(d)  Fees shall be deposited as directed by the board for use in administering the program.
Added by Acts 1999, 76th Leg., ch. 1323, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 49, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.143. Option to Lease

Sec. 16.143.  OPTION TO LEASE.  (a)  A former owner of real property used for agricultural purposes that was acquired, voluntarily or through the exercise of the power of eminent domain, for a reservoir whose site has been designated as unique for the construction of a reservoir under Section 16.051(g) is entitled to lease the property from the person who acquired the property under terms that allow the former owner to continue to use the property for agricultural purposes until the person who acquired the property determines that such use must be terminated to allow for the physical construction of the reservoir.  Consistent with Subsection (b), the lease is subject to the terms and conditions set forth by the person who has acquired the property that are related to the use of the property by the former owner, including the term of the lease, the rent the former owner is required to pay under the lease, and the uses that may be allowed on the property during the term of the lease.
(b)  A former owner of real property used for agricultural purposes is entitled to lease the property for the property's agricultural rental value until the person who acquired the property determines that the lease must be terminated to allow for the physical construction of the reservoir.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 3.02, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.144. Environmental Mitigation

Sec. 16.144.  ENVIRONMENTAL MITIGATION.  (a)  If a person proposing to construct a reservoir whose site has been designated as unique for the construction of a reservoir under Section 16.051(g) is required to mitigate future adverse environmental effects arising from the construction or operation of the reservoir or its related facilities, the person shall, if authorized by the applicable regulatory authority, attempt to mitigate those effects by offering to contract with and pay an amount of money to an owner of real property located outside of the reservoir site to maintain the property through an easement instead of acquiring the fee simple title to the property for that purpose.
(b)  An owner of real property may reject an offer made under Subsection (a).  If agreement on the terms of an easement under Subsection (a) cannot be reached by the parties after a good faith attempt and offer is made, then the party constructing the reservoir may obtain fee title to the property through voluntary or involuntary means.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 3.02, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.145. Interregional Water Supply Projects

Sec. 16.145.  INTERREGIONAL WATER SUPPLY PROJECTS.  (a)  The board shall identify, establish selection criteria for, and issue a request for proposals for water supply projects that benefit multiple water planning regions.  Selection criteria established under this section must prioritize projects that:
(1)  maximize the use of private financial resources;
(2)  combine the financial resources of multiple water planning regions; and
(3)  have a substantial economic benefit to the regions served by:
(A)  affecting a large population;
(B)  creating jobs in the regions served; and
(C)  meeting a high percentage of the water supply needs of the water users served by the project.
(b)  The board and the commission shall enter into a memorandum of understanding for the expedited approval of permits for projects selected under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.146. Authorized Projects for State Participation Account Ii

Sec. 16.146.  AUTHORIZED PROJECTS FOR STATE PARTICIPATION ACCOUNT II.  (a)  The board may use the state participation account II created under Section 17.957 to provide financial assistance for the development of a desalination or aquifer storage and recovery facility, including associated intake or distribution facilities, to meet existing or projected future water needs by acquiring such a facility or an ownership interest in such a facility.
(b)  The board may act singly or in a joint venture in partnership with any person, including a public or private entity, an agency or political subdivision of this state, another state or a political subdivision of another state, the United States, or a foreign nation, to the extent permitted by law.  The board may provide financial assistance under this section for a facility without regard to any requirements provided by board rules regarding the portion of the capacity of the facility that will serve an existing need or the portion of the cost of the facility that the applicant will finance from sources other than the state participation account II.
(c)  Section 16.135 does not apply to the use of the state participation account II to develop a facility described by Subsection (a) of this section by acquiring the facility or an interest in the facility.
(d)  Before the board may acquire a facility or an interest in a facility described by Subsection (a), the board must find affirmatively that:
(1)  it is reasonable to expect that the state will recover its investment in the facility; and
(2)  the public interest will be served by the acquisition of the facility.
(e)  The board may not provide financial assistance under this section for a facility unless the facility is included in the state water plan.
(f)  The board shall establish a point system for prioritizing facilities for which financial assistance is sought from the board under this section. The system must include a standard for the board to apply in determining whether a facility qualifies for financial assistance at the time the application for financial assistance is filed with the board.
(g)  The board may not issue more than $200 million in water financial assistance bonds designated by the board as issued to provide financial assistance for facilities under this section.
(h)  If the board does not provide financial assistance for a facility under this section from the state participation account II before September 1, 2024, the board may not provide financial assistance for any facility from that account after that date.
Added by Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter E. Acquisition and Development of Facilities › Section 16.147. Establishment of Certain Performance Goals and Metrics

Sec. 16.147.  ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND METRICS.  (a) The board shall develop and implement performance goals and performance metrics as part of a comprehensive evaluation of the board's review of proposed projects for compliance with programmatic and design requirements.
(b)  The board shall periodically:
(1)  collect data regarding the performance metrics;
(2)  analyze the data described by Subdivision (1) related to the performance metrics to identify relevant trends; and
(3)  use the performance metrics to assess the board's progress toward meeting the board's performance goals.
(c)  The board shall periodically review the performance goals and performance metrics to assess the effectiveness and efficiency of the board's review of proposed projects.
(d)  The executive administrator shall periodically update the board on the implementation and analysis of the performance metrics and progress toward performance goals.
(e)  The board shall develop and implement periodic reporting schedules for all performance goals and performance metrics required under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 45 (H.B. 1565), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.181. Board May Sell or Lease Projects

Sec. 16.181.  BOARD MAY SELL OR LEASE PROJECTS.  (a)  The board may sell, transfer, or lease, to the extent of its ownership, a project acquired, constructed, reconstructed, developed, or enlarged with money from the state participation account.
(b)  The board shall obtain the approval of the attorney general as to the legality of all contracts authorized under this subchapter to which the board is a party.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870 Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 2.16.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.182. Permits Required

Sec. 16.182.  PERMITS REQUIRED. (a) Before the board grants the application to buy, receive, or lease the facilities, the applicant shall first secure all appropriate permits from the commission. If the facilities are to be leased, a permit may be for a term of years.
(b)  The board may assist the applicant with securing permits for a facility described by Section 16.146.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 5, eff. September 1, 2019.