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Questions or Comments: wcp@tceq.texas.gov

Drought Contingency Plans

Who must prepare a drought contingency plan, deadlines, requirements and forms.

Drought Contingency Plans (DCP) are required by law for certain entities. This page includes an explanation of when submittal of a DCP is required as well as details for submission of plans including: deadlines, requirements, and model plans and forms.

Rules and Statutes Relevant to DCPs

Submittal Requirements

What/When to Submit

Submittals for Water Right Applications

An application for a new appropriation of State Water, an amendment to increase the appropriation of State Water, or an amendment to change the place or purpose of use may require submittal of a DCP with your water rights application. The Water Right Application Forms will guide you as to whether a DCP is required for your particular application and will provide instructions on the requirements for your plan if one is required.

Five-Year DCP Submittal

Under Texas Water Code Chapter 11 and Title 30 Texas Administrative Code Chapter 288, the following entities are required to develop, implement, and submit updated Drought Contingency Plans to the TCEQ every five years:

Entity Required plans and reports Use Form No. Rules
Retail Public Water Supplier with 3,300 or more connections* DCP to TCEQ Municipal 20191 §288.20
Irrigation Water Provider (Irrigation Districts) DCP to TCEQ Irrigation 20192 §288.21
Wholesale Public Water Supplier DCP to TCEQ Municipal 20193 §288.22

*Retail public water suppliers with less than 3,300 connections must prepare and adopt an updated drought contingency plan and make the plan available for inspection by TCEQ, but they are not required to submit plans to TCEQ.

The current deadline to submit updated Drought Contingency Plans to the TCEQ is May 1, 2024. The TCEQ recommends that these documents be submitted beginning January 1, 2024 via mail or email to the addresses provided below. Please include “Five Year Plan Submittal” in the subject line of your email or mailed letter. Please include a brief summary of any revisions or updates made to the drought contingency plan-or a statement that after reviewing the drought contingency plan no revisions or updates were made.

Revised Drought Contingency Plans

If a DCP is revised and adopted in between 5-year submittal deadlines, the updated DCP must be submitted to the TCEQ within 90 days of adoption. Revised plans can be submitted via email or by mail to the TCEQ (contact information provided below). Please include “Revised DCP” in the subject line of your email or mailed letter. Please include a brief summary of any revisions or updates made to the drought contingency plan-or a statement that after reviewing the drought contingency plan no revisions or updates were made.

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What to Include

The TCEQ has developed guidance and model drought contingency plans to help entities prepare plans and reports (below). Entities may use the model plans with their pertinent information included or submit their own plans and reports with all required information. Generally, if you follow the instructions/checklists on the forms provided, and consult the appropriate rules noted above, the requirements will be met.

Additional Guidance for DCPs

Retail Public Water Suppliers Requirements

All retail public water suppliers are required to prepare and adopt a DCP to be available upon request by a TCEQ inspector; however, as noted above, only a retail public water supplier with 3,300 connections or more must submit its adopted DCP to the TCEQ for review.

Wholesale Public Water Suppliers Requirements

All wholesale public water suppliers are required to submit a DCP to the TCEQ. The requirements for DCPs for Wholesale Public Water Suppliers are similar to those for retail public water suppliers; however, Wholesale DCPs also include the following requirements:

  • Pro rata curtailment of water deliveries to or diversions by wholesale water customers as provided in Texas Water Code, §11.039 (Distribution of Water During Shortage), and
  • A provision in every wholesale water contract entered into or renewed after adoption of the plan, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, §11.039.

Providing documentation of implementation of a plan

The means of implementation and enforcement of the plan shall be evidenced by a copy of the ordinance, resolution, or tariff indicating the official adoption of the plan by the governing body. Please include a brief summary of any revisions or updates made to the drought contingency plan-or a statement that after reviewing the drought contingency plan no revisions or updates were made.

Providing documentation of coordination with the regional water planning group (RWPG)

Plans must include documentation of coordination with the appropriate regional water planning groups in order to ensure consistency with the appropriate approved regional water plans. Examples include a copy of a cover letter indicating that the plan was provided to the RWPG, or a statement in the plan that a copy of the plan was submitted to the RWPG. Information about the RWPGs can be found on the TWDB Regional Planning Regions webpage .

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Where to Submit Plans

Submit Drought Contingency Plans electronically by email to wcp@tceq.texas.gov or by mail to the following address:

Texas Commission on Environmental Quality
Resource Protection Team, MC-160
P.O. Box 13087
Austin, Texas 78711-3087

Implementation of Mandatory Provisions

Wholesale or retail water suppliers are required to notify TCEQ within five business days of implementing any mandatory provisions of their drought contingency plan. To do that, use this online form to submit your PWS' current water use restrictions. For questions about this form, contact the TCEQ Water Supply Division Drought Team at 512-239-4691.

For More Information

For more information or assistance, please contact the Conservation staff of the Resource Protection Team in the Water Availability Division at (512) 239-4600, or email wcp@tceq.texas.gov.