Section 357.35 - Recommended and Alternative Water Management Strategies and Water Management Strategy Projects(a) RWPGs shall recommend WMSs and the WMSPs required to implement those WMSs to be used during a Drought of Record based on the potentially feasible WMSs evaluated under § 357.34 of this title (relating to Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects).(b) RWPGs shall recommend specific WMSs and WMSPs based upon the identification, analysis, and comparison of WMSs by the RWPG that the RWPG determines are potentially feasible so that the cost effective WMSs that are environmentally sensitive are considered and adopted unless an RWPG demonstrates that adoption of such WMSs is inappropriate. To determine cost-effectiveness and environmental sensitivity, RWPGs shall follow processes described in § 357.34 of this title. The RWP may include Alternative WMSs evaluated by the processes described in § 357.34 of this title.(c) Strategies shall be selected by the RWPGs so that cost effective WMSs, which are consistent with long-term protection of the state's water resources, agricultural resources, and natural resources are adopted.(d) RWPGs shall identify and recommend WMSs for all WUGs and WWPs with identified Water Needs and that meet all Water Needs during the Drought of Record except in cases where: (1) no WMS is feasible. In such cases, RWPGs must explain why no WMSs are feasible; or(2) a Political Subdivision that provides water supply other than water supply corporations, counties, or river authorities explicitly does not participate in the regional water planning process for needs located within its boundaries or extraterritorial jurisdiction.(e) Specific recommendations of WMSs to meet an identified need shall not be shown as meeting a need for a Political Subdivision if the Political Subdivision in question objects to inclusion of the strategy for the Political Subdivision and specifies its reasons for such objection. This does not prevent the inclusion of the strategy to meet other needs.(f) Recommended strategies shall protect existing water rights, water contracts, and option agreements, but may consider potential amendments of water rights, contracts and agreements, which would require the eventual consent of the owner.(g) RWPGs shall report the following: (1) Recommended WMSs, recommended WMSPs, and the associated results of all the potentially feasible WMS evaluations by WUG and MWP. If a WUG lies in one or more counties or RWPAs or river basins, data shall be reported for each river basin, RWPA, and county.(2) Calculated planning management supply factors for each WUG and MWP included in the RWP assuming all recommended WMSs are implemented. This calculation shall be based on the sum of: the total existing water supplies, plus all water supplies from recommended WMSs for each entity; divided by that entity's total projected Water Demand, within the Planning Decade. The resulting calculated management supply factor shall be presented in the plan by entity and decade for every WUG and MWP. Calculating planning management supply factors is for reporting purposes only.(3) Fully evaluated Alternative WMSs and associated WMSPs included in the adopted RWP shall be presented together in one place in the RWP.31 Tex. Admin. Code § 357.35
The provisions of this §357.35 adopted to be effective August 12, 2012, 37 TexReg 5797; Amended by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9622, eff. 12/8/2016