2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.0236. Environmental Flows Advisory Group

Sec. 11.0236.  ENVIRONMENTAL FLOWS ADVISORY GROUP.  (a)  In recognition of the importance that the ecological soundness of our riverine, bay, and estuary systems and riparian lands has on the economy, health, and well-being of the state there is created the environmental flows advisory group.
(b)  The advisory group is composed of nine members as follows:
(1)  three members appointed by the governor;
(2)  three members of the senate appointed by the lieutenant governor; and
(3)  three members of the house of representatives appointed by the speaker of the house of representatives.
(c)  Of the members appointed under Subsection (b)(1):
(1)  one member must be a member of the commission;
(2)  one member must be a member of the board; and
(3)  one member must be a member of the Parks and Wildlife Commission.
(d)  Each member of the advisory group serves at the will of the person who appointed the member.
(e)  The appointed senator with the most seniority and the appointed house member with the most seniority serve together as co-presiding officers of the advisory group.
(f)  A member of the advisory group is not entitled to receive compensation for service on the advisory group but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the advisory group, as provided by the General Appropriations Act.
(g)  The advisory group may accept gifts and grants from any source to be used to carry out a function of the advisory group.
(h)  The commission shall provide staff support for the advisory group.
(i)  The advisory group shall conduct public hearings and study public policy implications for balancing the demands on the water resources of the state resulting from a growing population with the requirements of the riverine, bay, and estuary systems including granting permits for instream flows dedicated to environmental needs or bay and estuary inflows, use of the Texas Water Trust, and any other issues that the advisory group determines have importance and relevance to the protection of environmental flows.  In evaluating the options for providing adequate environmental flows, the advisory group shall take notice of the strong public policy imperative that exists in this state recognizing that environmental flows are important to the biological health of our public and private lands, streams and rivers, and bay and estuary systems and are high priorities in the water management process.  The advisory group shall specifically address:
(1)  ways that the ecological soundness of those systems will be ensured in the water rights administration and enforcement and water allocation processes; and
(2)  appropriate methods to encourage persons voluntarily to convert reasonable amounts of existing water rights to use for environmental flow protection temporarily or permanently.
(j)  The advisory group may adopt rules, procedures, and policies as needed to administer this section, to implement its responsibilities, and to exercise its authority under Sections 11.02361 and 11.02362.
(k)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory group.
(l)  Not later than December 1, 2008, and every two years thereafter, the advisory group shall issue and promptly deliver to the governor, lieutenant governor, and speaker of the house of representatives copies of a report summarizing:
(1)  any hearings conducted by the advisory group;
(2)  any studies conducted by the advisory group;
(3)  any legislation proposed by the advisory group;
(4)  progress made in implementing Sections 11.02361 and 11.02362; and
(5)  any other findings and recommendations of the advisory group.
(m)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 21(1), eff. September 1, 2023.
Added by Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.07, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.07, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 21(1), eff. September 1, 2023.