Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 358 - STATE WATER PLANNING GUIDELINES › Subchapter A - STATE WATER PLAN DEVELOPMENT › Section 358.3 - Guidance Principles

Current through Reg. 49, No. 28; July 12, 2024
Development of the state water plan shall be guided by the
					 following principles.
(1) The state
				  water plan shall provide for the preparation for and response to drought
				  conditions.
(2) The regional water
				  plans and state water plan shall serve as water supply plans under drought of
				  record conditions. RWPGs may, at their discretion, plan for drought conditions
				  worse than the drought of record.
(3) Consideration shall be given to the
				  construction and improvement of surface water resources and the application of
				  principles that result in voluntary redistribution of water
				  resources.
(4) Regional water plans
				  shall provide for the orderly development, management, and conservation of
				  water resources and preparation for and response to drought conditions so that
				  sufficient water will be available at a reasonable cost to satisfy a reasonable
				  projected use of water to ensure public health, safety, and welfare; further
				  economic development; and protect the agricultural and natural resources of the
				  affected regional water planning areas and the state.
(5) Regional water plans shall include
				  identification of those policies and action that may be needed to meet Texas'
				  water supply needs and prepare for and respond to drought conditions.
(6) RWPG decision-making shall be open to and
				  accountable to the public with decisions based on accurate, objective and
				  reliable information with full dissemination of planning results except for
				  those matters made confidential by law.
(7) The RWPG shall establish terms of
				  participation in its water planning efforts that shall be equitable and shall
				  not unduly hinder participation.
(8) Consideration of the effect of policies,
				  water management strategies, or water management strategy projects on the
				  public interest of the state, water supply, and those entities involved in
				  providing this supply throughout the entire state.
(9) Consideration of all water management
				  strategies the RWPG determined to be potentially feasible when developing plans
				  to meet future water needs and to respond to drought so that cost effective
				  water management strategies and water management strategy projects which are
				  consistent with long-term protection of the state's water resources,
				  agricultural resources, and natural resources are considered and
				  approved.
(10) Consideration of
				  opportunities that encourage and result in voluntary transfers of water
				  resources, including but not limited to regional water banks, sales, leases,
				  options, subordination agreements, and financing agreements.
(11) Consideration of a balance of economic,
				  social, aesthetic, and ecological viability.
(12) For regional water planning areas
				  without approved regional water plans or water providers for which revised
				  plans are not developed through the regional water planning process, the use of
				  information from the adopted state water plan and other completed studies that
				  are sufficient for water planning shall represent the water supply plan for
				  that area or water provider.
(13)
				  All surface waters are held in trust by the state, their use is subject to
				  rights granted and administered by the Commission, and the use of surface water
				  is governed by the prior appropriation doctrine, unless adjudicated
				  otherwise.
(14) Existing water
				  rights, water contracts, and option agreements shall be protected. However,
				  potential amendments of water rights, contracts and agreements may be
				  considered and evaluated. Any amendments will require the eventual consent of
				  the owner.
(15) The production and
				  use of groundwater in Texas is governed by the rule of capture doctrine unless
				  and to the extent that such production and use is regulated by a groundwater
				  conservation district, as codified by the legislature at Texas Water Code
				  §
										36.002
				  (relating to Ownership of Groundwater).
(16) Consideration of recommendations of
				  river and stream segments of unique ecological value to the legislature for
				  potential protection.
(17)
				  Consideration of recommendation of sites of unique value for the construction
				  of reservoirs to the legislature for potential protection.
(18) Consideration of water planning and
				  management activities of local, regional, state, and federal agencies, along
				  with existing local, regional, and state water plans and information and
				  existing state and federal programs and goals.
(19) Designated water quality and related
				  water uses as shown in the state water quality management plan shall be
				  improved or maintained.
(20) RWPGs
				  shall actively coordinate water planning and management activities to identify
				  common needs, issues, and opportunities for interregional water management
				  strategies and water management strategy projects to achieve efficient use of
				  water supplies. The Board will support RWPGS coordination to identify common
				  needs, issues, and opportunities while working with RWPGs to resolve conflicts
				  in a fair, equitable, and efficient manner.
(21) The water management strategies and
				  water management strategy projects identified in approved RWPs to meet needs
				  shall be described in sufficient detail to allow a state agency making a
				  financial or regulatory decision to determine if a proposed action before the
				  state agency is consistent with an approved RWP.
(22) The evaluation of water management
				  strategies and water management strategy projects shall use environmental
				  information in accordance with the Commission's adopted environmental flow
				  standards under 30 TAC Chapter 298 (relating to Environmental Flow Standards
				  for Surface Water) where applicable or, in basins where standards are not
				  available or have not been adopted, information from existing site-specific
				  studies or state consensus environmental planning criteria.
(23) Consideration of environmental water
				  needs including instream flows and bay and estuary inflows, including
				  adjustments by the RWPGs to water management strategies to provide for
				  environmental water needs including instream flows and bay and estuary needs.
				  Consideration shall be consistent with the Commission's adopted environmental
				  flow standards under 30 TAC Chapter 298 in basins where standards have been
				  adopted.
(24) Planning shall be
				  consistent with all laws applicable to water use for the state and regional
				  water planning area.
(25) The
				  inclusion of ongoing water development projects that have been permitted by the
				  Commission or a predecessor agency.
(26) Specific recommendations of water
				  management strategies and water management strategy projects shall be based
				  upon identification, analysis, and comparison of all water management
				  strategies the RWPG determines to be potentially feasible so that the cost
				  effective water management strategies which are environmentally sensitive are
				  considered and adopted unless the RWPG demonstrates that adoption of such
				  strategies is not appropriate. To determine cost-effectiveness, the RWPGs will
				  use the process described in §
										357.34(e)(3)(A)
				  of this title (relating to Identification and Evaluation of Potentially
				  Feasible Water Management Strategies) and, to determine environmental
				  sensitivity, the RWPGs shall use the process described in §
										357.34(e)(3)(B)
				  of this title.
(27) RWPGs shall
				  conduct their planning to achieve efficient use of existing water supplies,
				  explore opportunities for and the benefits of developing regional water supply
				  facilities or providing regional management of water facilities, coordinate the
				  actions of local and regional water resource management agencies, provide
				  substantial involvement by the public in the decision-making process, and
				  provide full dissemination of planning results.
(28) RWPGs must consider existing regional
				  water planning efforts when developing their plans.