On Wednesday, April 11, 2012, the Commissioners on the Texas Commission on Environmental Quality (TCEQ) adopted rulemaking of new 30 TAC Chapter 36, Suspension or Adjustment of Water Rights During Drought or Emergency Water Shortage. The adoption would implement House Bill 2694, Section 5.03, 82nd Legislature, 2011, Regular Session, relating to the Executive Director’s (ED) suspension or adjustment of water rights during drought or emergency water shortage. The rulemaking would define “drought” and “emergency shortage of water,” set out procedures for the Executive Director’s order under this chapter, provide the terms of the order and conditions that must be met before an order can be issued, and establish an appeal of the Executive Director’s order to the Commission.
Several changes were made to the proposal. Aside from grammatical and wording changes, the most significant changes were:
- adding a meteorological condition to the definition of drought;
- ED will not suspend water right holders for purposes of municipal or power generation;
- 180-day maximum for an order;
- only one 90-day extension;
- 10 days’ notice required to affected to water rights holder; and
- after curtailment, the ED can require further information from water right holders in regards to planning that are not curtailed.
Several witnesses offered testimony on their concerns of the rule including their request for guidance documents on the rule.
To listen to the agenda item and testimony: http://www.texasadmin.com/cgi-bin/texas/tceq_view.cgi?smil=TCEQ_OM041112&part=330
The rule as amended was adopted.