The following words, used in this chapter, have the following
(1) Agricultural Water Conservation--Defined in §363.1302
of this title (relating to Definition of Terms).
(2) Alternative Water Management Strategy--A fully
evaluated Water Management Strategy that may be substituted into a
Regional Water Plan in the event that a recommended Water Management
Strategy is no longer recommended.
(3) Availability--Maximum amount of raw water that
could be produced by a source during a repeat of the Drought of Record,
regardless of whether the supply is physically connected to or legally
accessible by Water User Groups.
(4) Board--The Texas Water Development Board.
(5) Collective Reporting Unit--A grouping of utilities
located in the Regional Water Planning Area. Utilities within a Collective
Reporting Unit must have a logical relationship, such as being served
by common Wholesale Water Providers, having common sources, or other
(6) Commission--The Texas Commission on Environmental
(7) County-Other--An aggregation of utilities and individual
water users within a county and not included in paragraph (43)(A)
- (D) of this section.
(8) Drought Contingency Plan--A plan required from
wholesale and retail public water suppliers and irrigation districts
pursuant to Texas Water Code §11.1272 (relating to Drought Contingency
Plans for Certain Applicants and Water Right Holders). The plan may
consist of one or more strategies for temporary supply and demand
management and demand management responses to temporary and potentially
recurring water supply shortages and other water supply emergencies
as required by the Commission.
(9) Drought Management Measures--Demand management
activities to be implemented during drought that may be evaluated
and included as Water Management Strategies.
(10) Drought Management Water Management Strategy--A
drought management measure or measures evaluated and/or recommended
in a State or Regional Water Plan that quantifies temporary reductions
in demand during drought conditions.
(11) Drought of Record--The period of time when historical
records indicate that natural hydrological conditions would have provided
the least amount of water supply.
(12) Executive Administrator (EA)--The Executive Administrator
of the Board or a designated representative.
(13) Existing Water Supply--Maximum amount of water
that is physically and legally accessible from existing sources for
immediate use by a Water User Group under a repeat of Drought of Record
(14) Firm Yield--Maximum water volume a reservoir can
provide each year under a repeat of the Drought of Record using anticipated
sedimentation rates and assuming that all senior water rights will
be totally utilized and all applicable permit conditions met.
(15) Interbasin Transfer of Surface Water--Defined
and governed in Texas Water Code §11.085 (relating to Interbasin
Transfers) as the diverting of any state water from a river basin
and transfer of that water to any other river basin.
(16) Interregional Conflict--An interregional conflict
(A) more than one Regional Water Plan includes the
same source of water supply for identified and quantified recommended
Water Management Strategies and there is insufficient water available
to implement such Water Management Strategies; or
(B) in the instance of a recommended Water Management
Strategy proposed to be supplied from a different Regional Water Planning
Area, the Regional Water Planning Group with the location of the strategy
has studied the impacts of the recommended Water Management Strategy
on its economic, agricultural, and natural resources, and demonstrates
to the Board that there is a potential for a substantial adverse effect
on the region as a result of those impacts.
(17) Intraregional Conflict--A conflict between two
or more identified, quantified, and recommended Water Management Strategies
in the same Initially Prepared Plan that rely upon the same water
source, so that there is not sufficient water available to fully implement
all Water Management Strategies and thereby creating an over-allocation
of that source.
(18) Initially Prepared Plan (IPP)--Draft Regional
Water Plan that is presented at a public hearing in accordance with §357.21(d)
of this title (relating to Notice and Public Participation) and submitted
for Board review and comment.
(19) Major Water Provider (MWP)--A Water User Group
or a Wholesale Water Provider of particular significance to the region's
water supply as determined by the Regional Water Planning Group. This
may include public or private entities that provide water for any
water use category.
(20) Modeled Available Groundwater (MAG) Peak Factor--A
percentage (e.g., greater than 100 percent) that is applied to a modeled
available groundwater value reflecting the annual groundwater availability
that, for planning purposes, shall be considered temporarily available
for pumping consistent with desired future conditions. The approval
of a MAG Peak Factor is not intended as a limit to permits or as guaranteed
approval or pre-approval of any future permit application.
(21) Planning Decades--Temporal snapshots of conditions
anticipated to occur and presented at even intervals over the planning
horizon used to present simultaneous demands, supplies, needs, and
strategy volume data. A Water Management Strategy that is shown as
providing a supply in the 2040 decade, for example, is assumed to
come online in or prior to the year 2040.
(22) Political Subdivision--City, county, district,
or authority created under the Texas Constitution, Article III, §52,
or Article XVI, §59, any other Political Subdivision of the state,
any interstate compact commission to which the state is a party, and
any nonprofit water supply corporation created and operating under
Texas Water Code Chapter 67 (relating to Nonprofit Water Supply or
Sewer Service Corporations).
(23) Regional Water Plan (RWP)--The plan adopted or
amended by a Regional Water Planning Group pursuant to Texas Water
Code §16.053 (relating to Regional Water Plans) and this chapter.
(24) Regional Water Planning Area (RWPA)--Area designated
pursuant to Texas Water Code §16.053.
(25) Regional Water Planning Gallons Per Capita Per
Day-- For Regional Water Planning purposes, Gallons Per Capita Per
Day is the annual volume of water pumped, diverted, or purchased minus
the volume exported (sold) to other water systems or large industrial
facilities divided by 365 and divided by the permanent resident population
of the Municipal Water User Group in the regional water planning process.
Coastal saline and reused/recycled water is not included in this volume.
(26) Regional Water Planning Group (RWPG)--Group designated
pursuant to Texas Water Code §16.053.
(27) RWPG-Estimated Groundwater Availability--The groundwater
Availability used for planning purposes as determined by RWPGs to
which §357.32(d)(2) of this title (relating to Water Supply Analysis)
is applicable or where no desired future condition has been adopted.
(28) Retail Public Utility--Defined in Texas Water
Code §13.002 (relating to Water Rates and Services) as "any person,
corporation, public utility, water supply or sewer service corporation,
municipality, Political Subdivision or agency operating, maintaining,
or controlling in this state facilities for providing potable water
service or sewer service, or both, for compensation."
(29) Reuse--Defined in §363.1302 of this title
(relating to Definition of Terms).
(30) State Drought Preparedness Plan--A plan, separate
from the State Water Plan, that is developed by the Drought Preparedness
Council for the purpose of mitigating the effects of drought pursuant
to Texas Water Code §16.0551 (relating to State Drought Preparedness
(31) State Drought Response Plan--A plan prepared and
directed by the chief of the Texas Division of Emergency Management
for the purpose of managing and coordinating the drought response
component of the State Water Plan and the State Drought Preparedness
Plan pursuant to Texas Water Code §16.055 (relating to Drought
(32) State Water Plan--The most recent state water
plan adopted by the Board under the Texas Water Code §16.051
(relating to State Water Plan).
(33) State Water Planning Database--Database maintained
by TWDB that stores data related to population and Water Demand projections,
water Availability, Existing Water Supplies, Water Management Strategy
supplies, and Water Management Strategy Projects. It is used to collect,
analyze, and disseminate regional and statewide water planning data.
(34) Technical Memorandum--Documentation of the RWPG's
preliminary analysis of Water Demand projections, water Availability,
Existing Water Supplies, and Water Needs and declaration of the RWPG's
intent of whether or not to pursue simplified planning.
(35) Unmet Water Need--The portion of an identified
Water Need that is not met by recommended Water Management Strategies.
(36) Water Conservation Measures--Practices, techniques,
programs, and technologies that will protect water resources, reduce
the consumption of water, reduce the loss or waste of water, or improve
the efficiency in the use of water that may be presented as Water
Management Strategies, so that a water supply is made available for
future or alternative uses. For planning purposes, Water Conservation
Measures do not include reservoirs, aquifer storage and recovery,
or other types of projects that develop new water supplies.
(37) Water Conservation Plan--The most current plan
required by Texas Water Code §11.1271 (relating to Water Conservation
Plans) from an applicant for a new or amended water rights permit
and from any holder of a permit, certificate, etc. who is authorized
to appropriate 1,000 acre-feet per year or more for municipal, industrial,
and other non-irrigation uses and for those who are authorized to
appropriate 10,000 acre-feet per year or more for irrigation, and
the most current plan required by Texas Water Code §13.146 from
a Retail Public Utility that provides potable water service to 3,300
or more connections. These plans must include specific, quantified
5-year and 10-year targets for water savings.
(38) Water Conservation Strategy--A Water Management
Strategy with quantified volumes of water associated with Water Conservation
(39) Water Demand--Volume of water required to carry
out the anticipated domestic, public, and/or economic activities of
a Water User Group during drought conditions.
(40) Water Management Strategy (WMS)--A plan to meet
a need for additional water by a discrete Water User Group, which
can mean increasing the total water supply or maximizing an existing
supply, including through reducing demands. A Water Management Strategy
may or may not require associated Water Management Strategy Projects
to be implemented.
(41) Water Management Strategy Project (WMSP)--Water
project that has a non-zero capital costs and that when implemented,
would develop, deliver, or treat additional water supply volumes,
or conserve water for Water User Groups or Wholesale Water Providers.
One WMSP may be associated with multiple WMSs.
(42) Water Need--A potential water supply shortage
based on the difference between projected Water Demands and Existing
(43) Water User Group (WUG)--Identified user or group
of users for which Water Demands and Existing Water Supplies have
been identified and analyzed and plans developed to meet Water Needs.
(A) Privately-owned utilities that provide an average
of more than 100 acre-feet per year for municipal use for all owned
(B) Water systems serving institutions or facilities
owned by the state or federal government that provide more than 100
acre-feet per year for municipal use;
(C) All other Retail Public Utilities not covered in
subparagraphs (A) and (B) of this paragraph that provide more than
100 acre-feet per year for municipal use;
(D) Collective Reporting Units, or groups of Retail
Public Utilities that have a common association and are requested
for inclusion by the RWPG;
(E) Municipal and domestic water use, referred to as
County-Other, not included in subparagraphs (A) - (D) of this paragraph;
(F) Non-municipal water use including manufacturing,
irrigation, steam electric power generation, mining, and livestock
watering for each county or portion of a county in an RWPA.
(44) Wholesale Water Provider (WWP)--Any person or
entity, including river authorities and irrigation districts, that
delivers or sells water wholesale (treated or raw) to WUGs or other
WWPs or that the RWPG expects or recommends to deliver or sell water
wholesale to WUGs or other WWPs during the period covered by the plan.
The RWPGs shall identify the WWPs within each region to be evaluated
for plan development.