The commission must require certain public water suppliers and irrigation districts to make drought contingency plans, and they must let the public comment before submitting them.
Sec. 11.1272. ADDITIONAL REQUIREMENT: DROUGHT CONTINGENCY PLANS FOR CERTAIN APPLICANTS AND WATER RIGHT HOLDERS. (a) The commission shall by rule require wholesale and retail public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate approved regional water plan to be implemented during periods of water shortages and drought. (b) The wholesale and retail public water suppliers and irrigation districts shall provide an opportunity for public input during preparation of their drought contingency plans and before submission of the plans to the commission. (c) A drought contingency plan required by commission rule adopted under this section must include: (1) specific, quantified targets for water use reductions to be achieved during periods of water shortages and drought; and (2) reasonable procedures for the enforcement of mandatory water use restrictions, including fines, water rate surcharges, restriction of service, discontinuation of service, or any other penalty. (c-1) The entity preparing the drought contingency plan shall establish the targets and enforcement procedures required under Subsection (c). (d) The commission, the utility commission, and the board by joint rule shall identify quantified target goals for drought contingency plans that wholesale and retail public water suppliers, irrigation districts, and other entities may use as guidelines in preparing drought contingency plans. Goals established under this subsection are not enforceable requirements. (e) The commission, the utility commission, and the board jointly shall develop and update at least once every five years model drought contingency programs for different types of water suppliers that suggest best management practices for accomplishing the highest practicable levels of water use reductions achievable during periods of water shortages and drought for each specific type of water supplier. Added by Acts 1997, 75th Leg., ch. 1010, Sec. 1.03, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 690, Sec. 1, eff. June 20, 2003. Amended by: Acts 2025, 89th Leg., R.S., Ch. 330 (S.B. 2662), Sec. 5, eff. May 30, 2025.