Stakeholder Meeting on Rule About Water Rights During Drought or Emergency Water Shortage
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The TCEQ held a meeting for public input about developing a rule to suspend or adjust water rights during drought or emergency water shortage.
| Date | Thursday, August 11, 2011 |
|---|---|
| Time | 9:00 a.m. |
| Where | 12100 Park 35 Circle, Building E, Room 201 |
| Contact Name | Robin Smith |
| Contact Phone | 512-239-0600 |
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The Texas Commission on Environmental Quality’s (TCEQ) Sunset Bill, House Bill (HB) 2694, Reg. Ses. Legislature, 2011, contains Section 5.03, which adds Section 11.053 to the Texas Water Code. This provision of the law is effective September 1, 2011.
Section 5.03 provides that the Executive Director may by Order, in accordance with the priority of water rights established in the Water Code, during a time of drought or emergency shortage of water, suspend or adjust water rights. The Executive Director must consider several factors in deciding whether to issue this Order.
HB 2694 requires that the TCEQ enact rules to define “drought” and “emergency shortage of water” as well as establish procedures. To comply, TCEQ staff is proposing the creation of new 30 Texas Administrative Code Chapter 36, relating to Suspension or Adjustment of Water Rights During Water Shortage.
Prior to developing the rule language, TCEQ held a rule stakeholder meeting to obtain input from the public on the proposed rulemaking.
The stakeholder meeting was held August 11, 2011, at TCEQ’s Offices at 12100 Park 35 Circle, Building E, Room 201, Austin, Texas. The webcast from this meeting can be viewed at http://www.texasadmin.com/tceqs.shtml.
Read the text of new Section 11.053 on the drought rule page.
Although all comments will be reviewed, staff is specifically interested in comments on the following issues:
- How should “drought” and “emergency shortage of water” be defined?
- How should development and implementation of conservation plans be considered?
- What conditions should be required for issuance of an Order?
- What should the duration of the temporary Order be?
- What type of notice, opportunity for hearing, and appeal is required after this Order is issued?
Please note that this is an opportunity to provide informal comments to staff prior to the formal rulemaking process. A formal public rule hearing and comment period is planned for December 2011.
