| (a) RWPGs shall evaluate:
(1) source water Availability during Drought of Record
conditions; and
(2) Existing Water Supplies that are legally and physically
available to each WUG and WWP within the RWPA for use during the Drought
of Record.
(b) Evaluations shall consider surface water and groundwater
data from the State Water Plan, existing water rights, contracts and
option agreements relating to water rights, other planning and water
supply studies, and analysis of water supplies existing in and available
to the RWPA during Drought of Record conditions.
(c) For surface water supply analyses, RWPGs shall
use most current Water Availability Models from the Commission to
evaluate the adequacy of surface water supplies. As the default approach
for evaluating existing supplies, RWPGs shall assume full utilization
of existing water rights and no return flows when using Water Availability
Models. RWPGs may use better, more representative, water availability
modeling assumptions or better site-specific information with written
approval from the EA. Information available from the Commission shall
be incorporated by RWPGs unless better site-specific information is
available and approved in writing by the EA.
(1) Evaluation of existing stored surface water available
during Drought of Record conditions shall be based on Firm Yield as
defined in §357.10 of this title (relating to Definitions and
Acronyms). The analysis may be based on justified operational procedures
other than Firm Yield. The EA shall consider a written request from
an RWPG to use procedures other than Firm Yield.
(2) Evaluation of existing run of river surface water
available for municipal WUGs during Drought of Record conditions shall
be based on the minimum monthly diversion amounts that are available
100 percent of the time, if those run of river supplies are the only
supply for the municipal WUG.
(d) RWPGs shall use modeled available groundwater volumes
for groundwater Availability, as issued by the EA, and incorporate
such information in its RWP unless no modeled available groundwater
volumes are provided. Groundwater Availability used in the RWP must
be consistent with the desired future conditions as of the most recent
deadline for the Board to adopt the State Water Plan or, at the discretion
of the RWPG, established subsequent to the adoption of the most recent
State Water Plan.
(1) An RWP is consistent with a desired future condition
if the groundwater Availability amount in the RWP and on which an
Existing Water Supply or recommended WMS relies does not exceed the
modeled available groundwater amount associated with the desired future
condition for the relevant aquifers, in accordance with paragraph
(2) of this subsection or as modified by paragraph (3) of this subsection,
if applicable. The desired future condition must be either the desired
future condition adopted as of the most recent deadline for the Board
to adopt the State Water Plan or, at the option of the RWPG, a desired
future condition adopted on a subsequent date.
(2) If no groundwater conservation district exists
within the RWPA, then the RWPG shall determine the Availability of
groundwater for regional planning purposes. The Board shall review
and consider approving the RWPG-Estimated Groundwater Availability,
prior to inclusion in the IPP, including determining if the estimate
is physically compatible with the desired future conditions for relevant
aquifers in groundwater conservation districts in the co-located groundwater
management area or areas. The EA shall use the Board's groundwater
availability models as appropriate to conduct the compatibility review.
(3) In RWPAs that have at least one groundwater conservation
district, the EA shall consider a written request from an RWPG to
apply a MAG Peak Factor in the form of a percentage (e.g., greater
than 100 percent) applied to the modeled available groundwater value
of any particular aquifer-region-county-basin split within the jurisdiction
of a groundwater conservation district, or groundwater management
area if no groundwater conservation district exists, to allow temporary
increases in annual availability for planning purposes. The request
must:
(A) Include written approval from the groundwater conservation
district, if a groundwater conservation district exists in the particular
aquifer-region-county-basin split, and from representatives of the
groundwater management area;
(B) Provide the technical basis for the request in
sufficient detail to support groundwater conservation district, groundwater
management area, and EA evaluation; and
(C) Document the basis for how the temporary availability
increase will not prevent the groundwater conservation district from
managing groundwater resources to achieve the desired future condition.
(e) Water supplies based on contracted agreements shall
be based on the terms of the contract, which may be assumed to renew
upon contract termination if the contract contemplates renewal or
extensions.
(f) Evaluation results shall be reported by WUG in
accordance with §357.31(a) of this title (relating to Projected
Population and Water Demands) and MWP in accordance with §357.31(b)
of this title.
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| Source Note: The provisions of this §357.32 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective May 1, 2022, 47 TexReg 2527 |
