1. (a) The state water plan adopted by the board in August 1997 shall remain in effect until a new state water plan is adopted by the board. A state water plan shall be developed by the executive administrator and adopted by the board no later than January 5, 2002, and at least every five years thereafter. The executive administrator shall identify the beginning of the 50-year planning period for the state and regional water plans. The executive administrator shall incorporate into the state water plan presented to the board those regional water plans approved by the board pursuant to Chapter 357 of this title (relating to Regional Water Planning Guidelines). The board shall, not less than 30 days before adoption or amendment of the state water plan, publish notice in the Texas Register of its intent to adopt a state water plan and shall mail notice to each regional water planning group. The board shall hold a hearing, after which it may adopt a water plan or amendments thereto.

2. (b) Development of the state water plan and of regional water plans shall be guided by the following principles:

   1. (1) identification of those policies and actions that may be needed to meet Texas' near- and long-term water needs and preparation for and response to drought conditions, in order that sufficient water will be available at a reasonable cost to satisfy a reasonable projected use of water to ensure public health, safety and welfare, further economic development, and protect the agricultural and natural resources of the state;
   2. (2) decision-making that is open to and accountable to the public with decisions based on accurate, objective and reliable information with full dissemination of planning results;
   3. (3) consideration of the effect of policies or water management strategies on the public interest of the state, water supply, and those entities involved in providing this supply throughout the entire state;
   4. (4) consideration of all water management strategies the board determines to be potentially feasible when developing plans to meet future water needs and to respond to drought so that cost effective strategies which are environmentally sensitive are considered and pursued, where appropriate;
   5. (5) consideration of opportunities that encourage and result in voluntary transfers of water resources, including but not limited to regional water banks, sales, leases, options, subordination agreements, and financing agreements;
   6. (6) consideration of a balance of economic, social, aesthetic, and ecological viability;
   7. (7) for regional water planning areas without approved regional water plans or water providers for which revised plans are not developed through the regional water planning process, the use of information from the adopted state water plan and other completed studies that are sufficient for water planning shall represent the water supply plan for that area or water provider;
   8. (8) the orderly development, management, and conservation of water resources;
   9. (9) the principles that all surface waters are held in trust by the state, their use is subject to rights granted and administered by the Texas Natural Resource Conservation Commission, and the use of surface water is governed by the prior appropriation doctrine, unless adjudicated otherwise;
   10. (10) protection of existing water rights, water contracts, and option agreements, but the plan may evaluate potential voluntary amendments to water rights, contracts or agreements;
   11. (11) the principle that use of groundwater in Texas is governed by the right of capture doctrine, unless such use is under the authority of a locally controlled groundwater management district;
   12. (12) consideration of recommendations of river and stream segments of unique ecological value to the legislature for potential protection;
   13. (13) consideration of recommendation of sites of unique value for the construction of reservoirs to the legislature for potential protection;
   14. (14) coordination of water planning and management activities of local, regional, state, and federal agencies;
   15. (15) designated water quality and related water uses as shown in the state water quality plan should be improved or maintained;
   16. (16) coordination of water planning and management activities of regional water planning groups to identify common needs and issues and achieve efficient use of water supplies, including the board and the neighboring regional water planning groups, working together to identify common needs, issues, and/or problems and working together to resolve conflicts in a fair, equitable, and efficient manner;
   17. (17) the water management strategies identified in approved regional water plans to meet near-term needs shall be described in sufficient detail to allow a state agency making a financial or regulatory decision to determine if a proposed action before the state agency is consistent with an approved regional water plan;
   18. (18) evaluation of alternative water management strategies using environmental information resulting from site-specific studies, or in the absence of such information, using state environmental planning criteria adopted by the board for inclusion in the state water plan after coordinating with staff of the Texas Natural Resource Conservation Commission and the Texas Parks and Wildlife Department;
   19. (19) consideration of environmental water needs including instream flows and bay and estuary inflows;
   20. (20) planning consistent with all laws applicable to water use for the state and regional water planning area; and
   21. (21) the inclusion of ongoing water development projects which have been issued a permit by the Texas Natural Resource Conservation Commission or a predecessor agency.

Source Note:The provisions of this §358.3 adopted to be effective March 11, 1998, 23 TexReg 2382; amended to be effective October 5, 1999, 24 TexReg 8565.