Texas 2013 - 83rd Regular

Texas House Bill HB2578 Compare Versions

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1	1	By: Larson, Callegari H.B. No. 2578
2	2	Substitute the following for H.B. No. 2578:
3	3	By: Callegari C.S.H.B. No. 2578
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the development of brackish groundwater.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 16.053(e), Water Code, is amended to
11	11	read as follows:
12	12	(e) Each regional water planning group shall submit to the
13	13	development board a regional water plan that:
14	14	(1) is consistent with the guidance principles for the
15	15	state water plan adopted by the development board under Section
16	16	16.051(d);
17	17	(2) provides information based on data provided or
18	18	approved by the development board in a format consistent with the
19	19	guidelines provided by the development board under Subsection (d);
20	20	(2-a) is consistent with the desired future conditions
21	21	adopted under Section 36.108 for the relevant aquifers located in
22	22	the regional water planning area as of the date the board most
23	23	recently adopted a state water plan under Section 16.051 or, at the
24	24	option of the regional water planning group, established subsequent
25	25	to the adoption of the most recent plan;
26	26	(3) identifies:
27	27	(A) each source of water supply in the regional
28	28	water planning area, including information supplied by the
29	29	executive administrator on the amount of modeled available
30	30	groundwater in accordance with the guidelines provided by the
31	31	development board under Subsections (d) and (f);
32	32	(B) factors specific to each source of water
33	33	supply to be considered in determining whether to initiate a
34	34	drought response;
35	35	(C) actions to be taken as part of the response;
36	36	and
37	37	(D) existing major water infrastructure
38	38	facilities that may be used for interconnections in the event of an
39	39	emergency shortage of water;
40	40	(4) has specific provisions for water management
41	41	strategies to be used during a drought of record;
42	42	(5) includes but is not limited to consideration of
43	43	the following:
44	44	(A) any existing water or drought planning
45	45	efforts addressing all or a portion of the region;
46	46	(B) approved groundwater conservation district
47	47	management plans and other plans submitted under Section 16.054;
48	48	(C) all potentially feasible water management
49	49	strategies, including but not limited to improved conservation,
50	50	reuse, and management of existing water supplies, conjunctive use,
51	51	acquisition of available existing water supplies, and development
52	52	of new water supplies;
53	53	(D) protection of existing water rights in the
54	54	region;
55	55	(E) opportunities for and the benefits of
56	56	developing regional water supply facilities or providing regional
57	57	management of water supply facilities;
58	58	(F) appropriate provision for environmental
59	59	water needs and for the effect of upstream development on the bays,
60	60	estuaries, and arms of the Gulf of Mexico and the effect of plans on
61	61	navigation;
62	62	(G) provisions in Section 11.085(k)(1) if
63	63	interbasin transfers are contemplated;
64	64	(H) voluntary transfer of water within the region
65	65	using, but not limited to, regional water banks, sales, leases,
66	66	options, subordination agreements, and financing agreements; [and]
67	67	(I) emergency transfer of water under Section
68	68	11.139, including information on the part of each permit, certified
69	69	filing, or certificate of adjudication for nonmunicipal use in the
70	70	region that may be transferred without causing unreasonable damage
71	71	to the property of the nonmunicipal water rights holder; and
72	72	(J) opportunities for and the benefits of
73	73	developing large-scale desalination facilities for brackish
74	74	groundwater or seawater that serve local or regional brackish
75	75	groundwater production zones identified or designated under
76	76	Section 16.060(b)(5);
77	77	(6) identifies river and stream segments of unique
78	78	ecological value and sites of unique value for the construction of
79	79	reservoirs that the regional water planning group recommends for
80	80	protection under Section 16.051;
81	81	(7) assesses the impact of the plan on unique river and
82	82	stream segments identified in Subdivision (6) if the regional water
83	83	planning group or the legislature determines that a site of unique
84	84	ecological value exists;
85	85	(8) describes the impact of proposed water projects on
86	86	water quality; and
87	87	(9) includes information on:
88	88	(A) projected water use and conservation in the
89	89	regional water planning area; and
90	90	(B) the implementation of state and regional
91	91	water plan projects, including water conservation strategies,
92	92	necessary to meet the state's projected water demands.
93	93	SECTION 2. Section 16.060, Water Code, is amended by
94	94	amending Subsections (a) and (b) and adding Subsection (d) to read
95	95	as follows:
96	96	(a) The board shall undertake or participate in research,
97	97	feasibility and facility planning studies, investigations, and
98	98	surveys as it considers necessary to further the development of
99	99	cost-effective water supplies from seawater or brackish
100	100	groundwater desalination in the state.
101	101	(b) The board shall prepare a biennial progress report on
102	102	the implementation of seawater or brackish groundwater
103	103	desalination activities in the state and shall submit it to the
104	104	governor, lieutenant governor, and speaker of the house of
105	105	representatives not later than December 1 of each even-numbered
106	106	year. The report shall include:
107	107	(1) results of the board's studies and activities
108	108	relative to seawater or brackish groundwater desalination during
109	109	the preceding biennium;
110	110	(2) identification and evaluation of research,
111	111	regulatory, technical, and financial impediments to the
112	112	implementation of seawater or brackish groundwater desalination
113	113	projects;
114	114	(3) evaluation of the role the state should play in
115	115	furthering the development of large-scale seawater or brackish
116	116	groundwater desalination projects in the state; [and]
117	117	(4) the anticipated appropriation from general
118	118	revenues necessary to continue investigating water desalination
119	119	activities in the state during the next biennium; and
120	120	(5) identification and designation of local or
121	121	regional brackish groundwater production zones in areas of the
122	122	state with moderate to high availability and productivity of
123	123	brackish groundwater that can be used to reduce the use of fresh
124	124	groundwater and that:
125	125	(A) are separated by hydrogeologic barriers
126	126	sufficient to prevent significant impacts to water availability or
127	127	water quality in other aquifers, subdivisions of aquifers, or
128	128	geologic stratum;
129	129	(B) are not, at the time of designation as a
130	130	brackish groundwater production zone, serving as a primary water
131	131	supply for any purpose other than supplying a desalination project;
132	132	and
133	133	(C) are not located:
134	134	(i) in areas determined to be susceptible
135	135	to subsidence; or
136	136	(ii) in the Edwards Aquifer and within the
137	137	boundaries of the Edwards Aquifer Authority.
138	138	(d) The board shall work together with groundwater
139	139	conservation districts and stakeholders and shall consider the
140	140	Brackish Groundwater Manual for Texas Regional Water Planning
141	141	Groups, and any updates to the manual, and other relevant
142	142	scientific data or findings when identifying and designating
143	143	brackish groundwater production zones under Subsection (b)(5).
144	144	SECTION 3. Subchapter D, Chapter 36, Water Code, is amended
145	145	by adding Section 36.1015 to read as follows:
146	146	Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER
147	147	PRODUCTION ZONES. (a) In this section, "designated brackish
148	148	groundwater production zone" means an aquifer, subdivision of an
149	149	aquifer, or geologic stratum designated under Section
150	150	16.060(b)(5).
151	151	(b) On receipt of a petition from a person with a legally
152	152	defined interest in groundwater in the district, a district located
153	153	over any part of a designated brackish groundwater production zone
154	154	shall adopt rules for the issuance of permits to withdraw brackish
155	155	groundwater from a well in a designated brackish groundwater
156	156	production zone for a project designed to treat brackish
157	157	groundwater to drinking water standards. The rules must:
158	158	(1) allow unlimited withdrawals and rates of
159	159	withdrawal of brackish groundwater from a designated brackish
160	160	groundwater production zone;
161	161	(2) provide for a minimum term of 30 years for a permit
162	162	issued for a well that produces brackish groundwater from a
163	163	designated brackish groundwater production zone;
164	164	(3) require reasonable monitoring of an aquifer,
165	165	subdivision of an aquifer, or geologic stratum adjacent to a
166	166	designated brackish groundwater production zone;
167	167	(4) allow the district to amend a permit issued under
168	168	rules adopted under this section following receipt of a report
169	169	requested under Subsection (c); and
170	170	(5) require reports from the holder of a permit issued
171	171	under rules adopted under this section that must include:
172	172	(A) the amount of brackish groundwater
173	173	withdrawn;
174	174	(B) the average monthly water quality of the
175	175	brackish groundwater withdrawn; and
176	176	(C) aquifer levels in both the designated
177	177	brackish groundwater production zone and in any aquifer,
178	178	subdivision of the aquifer, or geologic stratum for which the
179	179	permit requires monitoring.
180	180	(c) The district shall provide the reports required under
181	181	Subsection (b)(5) to the Texas Water Development Board. On request
182	182	from the district, the development board shall investigate and
183	183	issue a report on whether brackish groundwater withdrawals from the
184	184	designated brackish groundwater production zone are causing:
185	185	(1) significant aquifer level declines; or
186	186	(2) adverse impacts to water quality in an aquifer,
187	187	subdivision of an aquifer, or geologic stratum.
188	188	(d) After receiving a report requested under Subsection
189	189	(c), the district may, after notice and hearing:
190	190	(1) amend the applicable permit to establish a
191	191	production limit necessary to mitigate any impacts identified by
192	192	the report;
193	193	(2) approve a mitigation plan that alleviates any
194	194	adverse impacts identified by the report; or
195	195	(3) both amend the permit to establish a production
196	196	limit and approve a mitigation plan.
197	197	SECTION 4. Section 36.1071(a), Water Code, is amended to
198	198	read as follows:
199	199	(a) Following notice and hearing, the district shall, in
200	200	coordination with surface water management entities on a regional
201	201	basis, develop a management plan that addresses the following
202	202	management goals, as applicable:
203	203	(1) providing the most efficient use of groundwater;
204	204	(2) controlling and preventing waste of groundwater;
205	205	(3) controlling and preventing subsidence;
206	206	(4) addressing conjunctive surface water management
207	207	issues;
208	208	(5) addressing natural resource issues;
209	209	(6) addressing drought conditions;
210	210	(7) addressing conservation, recharge enhancement,
211	211	rainwater harvesting, precipitation enhancement, or brush control,
212	212	where appropriate and cost-effective; [and]
213	213	(8) addressing the desired future conditions adopted
214	214	by the district under Section 36.108; and
215	215	(9) identifying goals for the development of brackish
216	216	groundwater desalination strategies in designated brackish
217	217	groundwater production zones.
218	218	SECTION 5. Section 36.108(d-2), Water Code, is amended to
219	219	read as follows:
220	220	(d-2) The desired future conditions proposed under
221	221	Subsection (d) must provide a balance between the highest
222	222	practicable level of groundwater production and the conservation,
223	223	preservation, protection, recharging, and prevention of waste of
224	224	groundwater and control of subsidence in the management area. The
225	225	desired future condition does not apply to brackish groundwater
226	226	production in designated brackish groundwater production zones.
227	227	This subsection does not prohibit the establishment of desired
228	228	future conditions that provide for the reasonable long-term
229	229	management of groundwater resources consistent with the management
230	230	goals under Section 36.1071(a). The desired future conditions
231	231	proposed under Subsection (d) must be approved by a two-thirds vote
232	232	of all the district representatives for distribution to the
233	233	districts in the management area. A period of not less than 90 days
234	234	for public comments begins on the day the proposed desired future
235	235	conditions are mailed to the districts. During the public comment
236	236	period and after posting notice as required by Section 36.063, each
237	237	district shall hold a public hearing on any proposed desired future
238	238	conditions relevant to that district. During the public comment
239	239	period, the district shall make available in its office a copy of
240	240	the proposed desired future conditions and any supporting
241	241	materials, such as the documentation of factors considered under
242	242	Subsection (d) and groundwater availability model run results.
243	243	After the public hearing, the district shall compile for
244	244	consideration at the next joint planning meeting a summary of
245	245	relevant comments received, any suggested revisions to the proposed
246	246	desired future conditions, and the basis for the revisions.
247	247	SECTION 6. This Act takes effect September 1, 2013.