Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 288 - WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS › Subchapter B - DROUGHT CONTINGENCY PLANS › Section 288.22 - Drought Contingency Plans for Wholesale Water Suppliers

Current through Reg. 49, No. 28; July 12, 2024
(a) A drought
				  contingency plan for a wholesale water supplier must include the following
				  minimum elements.
(1) Preparation of the plan
				  shall include provisions to actively inform the public and to affirmatively
				  provide opportunity for user input in the preparation of the plan and for
				  informing wholesale customers about the plan. Such acts may include, but are
				  not limited to, having a public meeting at a time and location convenient to
				  the public and providing written notice to the public concerning the proposed
				  plan and meeting.
(2) The drought
				  contingency plan must document coordination with the regional water planning
				  groups for the service area of the wholesale public water supplier to ensure
				  consistency with the appropriate approved regional water plans.
(3) The drought contingency plan must include
				  a description of the information to be monitored by the water supplier and
				  specific criteria for the initiation and termination of drought response
				  stages, accompanied by an explanation of the rationale or basis for such
				  triggering criteria.
(4) The
				  drought contingency plan must include a minimum of three drought or emergency
				  response stages providing for the implementation of measures in response to
				  water supply conditions during a repeat of the drought-of-record.
(5) The drought contingency plan must include
				  the procedures to be followed for the initiation or termination of drought
				  response stages, including procedures for notification of wholesale customers
				  regarding the initiation or termination of drought response stages.
(6) The drought contingency plan must include
				  specific, quantified targets for water use reductions to be achieved during
				  periods of water shortage and drought. The entity preparing the plan shall
				  establish the targets. The goals established by the entity under this paragraph
				  are not enforceable.
(7) The
				  drought contingency plan must include the specific water supply or water demand
				  management measures to be implemented during each stage of the plan including,
				  but not limited to, the following:
(A) pro
				  rata curtailment of water deliveries to or diversions by wholesale water
				  customers as provided in Texas Water Code, §
												11.039;
				  and
(B) utilization of alternative
				  water sources with the prior approval of the executive director as appropriate
				  (e.g., interconnection with another water system, temporary use of a
				  non-municipal water supply, use of reclaimed water for non-potable purposes,
				  etc.).
(8) The drought
				  contingency plan must include a provision in every wholesale water contract
				  entered into or renewed after adoption of the plan, including contract
				  extensions, that in case of a shortage of water resulting from drought, the
				  water to be distributed shall be divided in accordance with Texas Water Code,
				  §
											11.039.
(9) The drought contingency plan must include
				  procedures for granting variances to the plan.
(10) The drought contingency plan must
				  include procedures for the enforcement of any mandatory water use restrictions
				  including specification of penalties (e.g., liquidated damages, water rate
				  surcharges, discontinuation of service) for violations of such
				  restrictions.