In addition to the water conservation and drought contingency
plans required to be submitted with an application under §295.9
of this title (relating to Water Conservation and Drought Contingency
Plans), water conservation and drought contingency plans are required
as follows.
(1) Water conservation plans for municipal, industrial,
and other non-irrigation uses. The holder of an existing permit, certified
filing, or certificate of adjudication for the appropriation of surface
water in the amount of 1,000 acre-feet a year or more for municipal,
industrial, and other non-irrigation uses shall develop, submit, and
implement a water conservation plan meeting the requirements of Subchapter
A of this chapter (relating to Water Conservation Plans). The water
conservation plan must be submitted to the executive director not
later than May 1, 2005. Thereafter, the next revision of the water
conservation plan for municipal, industrial, and other non-irrigation
uses must be submitted not later than May 1, 2009, and every five
years after that date to coincide with the regional water planning
group. Any revised plans must be submitted to the executive director
within 90 days of adoption. The revised plans must include implementation
reports. The requirement for a water conservation plan under this
section must not result in the need for an amendment to an existing
permit, certified filing, or certificate of adjudication.
(2) Implementation report for municipal, industrial,
and other non-irrigation uses. The implementation report must include:
(A) the list of dates and descriptions of the conservation
measures implemented;
(B) data about whether or not targets in the plans
are being met;
(C) the actual amount of water saved; and
(D) if the targets are not being met, an explanation
as to why any of the targets are not being met, including any progress
on that particular target.
(3) Water conservation plans for irrigation uses. The
holder of an existing permit, certified filing, or certificate of
adjudication for the appropriation of surface water in the amount
of 10,000 acre-feet a year or more for irrigation uses shall develop,
submit, and implement a water conservation plan meeting the requirements
of Subchapter A of this chapter. The water conservation plan must
be submitted to the executive director not later than May 1, 2005.
Thereafter, the next revision of the water conservation plan for irrigation
uses must be submitted not later than May 1, 2009, and every five
years after that date to coincide with the regional water planning
group. Any revised plans must be submitted to the executive director
within 90 days of adoption. The revised plans must include implementation
reports. The requirement for a water conservation plan under this
section must not result in the need for an amendment to an existing
permit, certified filing, or certificate of adjudication.
(4) Implementation report for irrigation uses. The
implementation report must include:
(A) the list of dates and descriptions of the conservation
measures implemented;
(B) data about whether or not targets in the plans
are being met;
(C) the actual amount of water saved; and
(D) if the targets are not being met, an explanation
as to why any of the targets are not being met, including any progress
on that particular target.
(5) Drought contingency plans for retail public water
suppliers. Retail public water suppliers shall submit a drought contingency
plan meeting the requirements of Subchapter B of this chapter (relating
to Drought Contingency Plans) to the executive director after adoption
by its governing body. The retail public water system shall provide
a copy of the plan to the regional water planning group for each region
within which the water system operates. These drought contingency
plans must be submitted as follows.
(A) For retail public water suppliers providing water
service to 3,300 or more connections, the drought contingency plan
must be submitted to the executive director not later than May 1,
2005. Thereafter, the retail public water suppliers providing water
service to 3,300 or more connections shall submit the next revision
of the plan not later than May 1, 2009, and every five years after
that date to coincide with the regional water planning group. Any
revised plans must be submitted to the executive director within 90
days of adoption by the community water system. Any new retail public
water suppliers providing water service to 3,300 or more connections
shall prepare and adopt a drought contingency plan within 180 days
of commencement of operation, and submit the plan to the executive
director within 90 days of adoption.
(B) For all the retail public water suppliers, the
drought contingency plan must be prepared and adopted not later than
May 1, 2005, and must be available for inspection by the executive
director upon request. Thereafter, the retail public water suppliers
shall prepare and adopt the next revision of the plan not later than
May 1, 2009, and every five years after that date to coincide with
the regional water planning group. Any new retail public water supplier
providing water service to less than 3,300 connections shall prepare
and adopt a drought contingency plan within 180 days of commencement
of operation, and shall make the plan available for inspection by
the executive director upon request.
(6) Drought contingency plans for wholesale public
water suppliers. Wholesale public water suppliers shall submit a drought
contingency plan meeting the requirements of Subchapter B of this
chapter to the executive director not later than May 1, 2005, after
adoption of the drought contingency plan by the governing body of
the water supplier. Thereafter, the wholesale public water suppliers
shall submit the next revision of the plan not later than May 1, 2009,
and every five years after that date to coincide with the regional
water planning group. Any new or revised plans must be submitted to
the executive director within 90 days of adoption by the governing
body of the wholesale public water supplier. Wholesale public water
suppliers shall also provide a copy of the drought contingency plan
to the regional water planning group for each region within which
the wholesale water supplier operates.
(7) Drought contingency plans for irrigation districts.
Irrigation districts shall submit a drought contingency plan meeting
the requirements of Subchapter B of this chapter to the executive
director not later than May 1, 2005, after adoption by the governing
body of the irrigation district. Thereafter, the irrigation districts
shall submit the next revision of the plan not later than May 1, 2009,
and every five years after that date to coincide with the regional
water planning group. Any new or revised plans must be submitted to
the executive director within 90 days of adoption by the governing
body of the irrigation district. Irrigation districts shall also provide
a copy of the plan to the regional water planning group for each region
within which the irrigation district operates.
(8) Additional submissions with a water right application
for state water. A water conservation plan or drought contingency
plan required to be submitted with an application in accordance with §295.9
of this title must also be subject to review and approval by the commission.
(9) Existing permits. The holder of an existing permit,
certified filing, or certificate of adjudication shall not be subject
to enforcement actions nor shall the permit, certified filing, or
certificate of adjudication be subject to cancellation, either in
part or in whole, based on the nonattainment of goals contained within
a water conservation plan submitted with an application in accordance
with §295.9 of this title or by the holder of an existing permit,
certified filing, or certificate of adjudication in accordance with
the requirements of this section.
(10) Submissions to the executive administrator of
the Texas Water Development Board.
(A) Water conservation plans for retail public water
suppliers. For retail public water suppliers providing water service
to 3,300 or more connections, a water conservation plan meeting the
minimum requirements of Subchapter A of this chapter and using appropriate
best management practices must be developed, implemented, and submitted
to the executive administrator of the Texas Water Development Board
not later than May 1, 2009, and every five years after that date to
coincide with the regional water planning group. Any revised plans
must be submitted to the executive administrator within 90 days of
adoption by the community water system. Any new retail public water
suppliers providing water service to 3,300 or more connections shall
prepare and adopt a water conservation plan within 180 days of commencement
of operation, and submit the plan to the executive administrator of
the Texas Water Development Board within 90 days of adoption.
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