The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the applicable provisions of the Texas Water Code, Chapter 16, and not defined here shall have the meanings provided in Chapter 16.

1. (1) Approved regional water plan--A regional water plan or amendment to an approved regional water plan approved by the board under the Texas Water Code, §16.053 and Chapter 357 of this title (relating to Regional Water Planning Guidelines).
2. (2) Board--The Texas Water Development Board.
3. (3) Commission--Texas Commission on Environmental Quality.
4. (4) Long-term water needs--Those needs which must be met by implementation of water management strategies within the next 30 to 50 years based on federal census years (2040, 2050, etc.).
5. (5) Near-term water needs--Those needs which must be met by implementation of water management strategies within the next 30 years based on federal census years (2000, 2010, 2020, 2030, etc.).
6. (6) Regional water plan--Plan or amendment to an adopted or approved regional water plan developed by a regional water planning group for a regional water planning area pursuant to the Texas Water Code, §16.053 and Chapter 357 of this title (relating to Regional Water Planning Guidelines).
7. (7) Regional water planning area--Area designated pursuant to the Texas Water Code, §16.053 and §357.3 of this title (relating to Designation of Regional Water Planning Areas).
8. (8) Regional water planning group--Group designated pursuant to the Texas Water Code, §16.053 and §357.4 of this title (relating to Designation of Regional Water Planning Groups) to develop regional water plans.

9. (9) River and stream segments of unique ecological value--Those river or stream segments that may be identified by the board in coordination with the Texas Parks and Wildlife Department and the commission or identified in an approved regional water plan based on the following criteria:

   1. (A) biological function--stream segments which display significant overall habitat value including both quantity and quality considering the degree of biodiversity, age, and uniqueness observed and including terrestrial, wetland, aquatic, or estuarine habitats;
   2. (B) hydrologic function--stream segments which are fringed by habitats that perform valuable hydrologic functions relating to water quality, flood attenuation, flow stabilization, or groundwater recharge and discharge;
   3. (C) riparian conservation areas--stream segments which are fringed by significant areas in public ownership including state and federal refuges, wildlife management areas, preserves, parks, mitigation areas, or other areas held by governmental organizations for conservation purposes, or stream segments which are fringed by other areas managed for conservation purposes under a governmentally approved conservation plan;
   4. (D) high water quality/exceptional aquatic life/high aesthetic value--stream segments and spring resources that are significant due to unique or critical habitats and exceptional aquatic life uses dependent on or associated with high water quality; or
   5. (E) threatened or endangered species/unique communities--sites along streams where water development projects would have significant detrimental effects on state or federally listed threatened and endangered species; and sites along streams significant due to the presence of unique, exemplary, or unusually extensive natural communities.

10. (10) Site of unique value for construction of reservoirs--Those sites identified by the board in coordination with the Texas Parks and Wildlife Department and the commission or identified in an approved regional water plan where:

    1. (A) site-specific reservoir development is recommended as a specific water management strategy or in an alternative long-term scenario in an adopted regional water plan; or

    2. (B) the location, hydrologic, geologic, topographic, water availability, water quality, environmental, cultural, and current development characteristics, or other pertinent factors make the site uniquely suited for reservoir development to provide water supply for:

       1. (i) the current planning period; or
       2. (ii) where it might reasonably be needed to meet needs beyond the 50-year planning period.
11. (11) State water plan--A comprehensive statewide water plan adopted by the board covering a 50-year planning period, based on federal census years, that incorporates approved regional water plans and that provides for the orderly development, management, and conservation of water resources and preparation for and response to drought conditions, in order that sufficient water will be available at a reasonable cost to ensure public health, safety and welfare, further economic development, and protect the agricultural and natural resources of the entire state.
12. (12) Water management scenarios--A combination of various water management strategies.
13. (13) Water management strategies--Any strategy for the management of water resources to provide for identified needs including water conservation and drought response planning including water demand management, reuse of wastewater, expanded use or acquisition of existing supplies including systems optimization, aquifer storage and recovery, conjunctive use of resources, reallocation of reservoir storage to new uses, voluntary redistribution of water including water marketing, regional water bank, sales, leases, options, subordination agreements, and financing agreements, subordination of existing water rights through voluntary agreements, enhancements of yields of existing sources, control of naturally occurring chlorides, interbasin transfers, new supply development including construction and improvement of surface water resources, brush control, precipitation enhancement, desalinization, and water supply that could be made available by cancellation of water rights based on data provided by the commission, and other measures.

Source Note:The provisions of this §358.2 adopted to be effective March 11, 1998, 23 TexReg 2382; amended to be effective December 6, 2004, 29 TexReg 11366.