83S10128 SLB-F
By: Larson H.B. No. 24
A BILL TO BE ENTITLED
AN ACT
relating to the development of brackish groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.053(e), Water Code, is amended to
read as follows:
(e) Each regional water planning group shall submit to the
development board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the development board under Section
16.051(d);
(2) provides information based on data provided or
approved by the development board in a format consistent with the
guidelines provided by the development board under Subsection (d);
(2-a) is consistent with the desired future conditions
adopted under Section 36.108 for the relevant aquifers located in
the regional water planning area as of the date the board most
recently adopted a state water plan under Section 16.051 or, at the
option of the regional water planning group, established subsequent
to the adoption of the most recent plan;
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
executive administrator on the amount of modeled available
groundwater in accordance with the guidelines provided by the
development board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response;
(C) actions to be taken as part of the response;
and
(D) existing major water infrastructure
facilities that may be used for interconnections in the event of an
emergency shortage of water;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region;
(B) approved groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; [and]
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder; and
(J) opportunities for and the benefits of
developing large-scale desalination facilities for brackish
groundwater or seawater that serve local or regional brackish
groundwater production zones identified or designated under
Section 16.060(b)(5);
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists;
(8) describes the impact of proposed water projects on
water quality; and
(9) includes information on:
(A) projected water use and conservation in the
regional water planning area; and
(B) the implementation of state and regional
water plan projects, including water conservation strategies,
necessary to meet the state's projected water demands.
SECTION 2. Section 16.060, Water Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) The board shall undertake or participate in research,
feasibility and facility planning studies, investigations, and
surveys as it considers necessary to further the development of
cost-effective water supplies from seawater or brackish
groundwater desalination in the state.
(b) The board shall prepare a biennial progress report on
the implementation of seawater or brackish groundwater
desalination activities in the state and shall submit it to the
governor, lieutenant governor, and speaker of the house of
representatives not later than December 1 of each even-numbered
year. The report shall include:
(1) results of the board's studies and activities
relative to seawater or brackish groundwater desalination during
the preceding biennium;
(2) identification and evaluation of research,
regulatory, technical, and financial impediments to the
implementation of seawater or brackish groundwater desalination
projects;
(3) evaluation of the role the state should play in
furthering the development of large-scale seawater or brackish
groundwater desalination projects in the state; [and]
(4) the anticipated appropriation from general
revenues necessary to continue investigating water desalination
activities in the state during the next biennium; and
(5) identification and designation of local or
regional brackish groundwater production zones in areas of the
state with moderate to high availability and productivity of
brackish groundwater that can be used to reduce the use of fresh
groundwater and that:
(A) are separated by hydrogeologic barriers
sufficient to prevent significant impacts to water availability or
water quality in other aquifers, subdivisions of aquifers, or
geologic stratum;
(B) are not, at the time of designation as a
brackish groundwater production zone, serving as a primary water
supply for any purpose other than supplying a desalination project;
and
(C) are not located:
(i) in areas determined to be susceptible
to subsidence; or
(ii) in the Edwards Aquifer and within the
boundaries of the Edwards Aquifer Authority.
(d) The board shall work together with groundwater
conservation districts and stakeholders and shall consider the
Brackish Groundwater Manual for Texas Regional Water Planning
Groups, and any updates to the manual, and other relevant
scientific data or findings when identifying and designating
brackish groundwater production zones under Subsection (b)(5).
SECTION 3. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1015 to read as follows:
Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER
PRODUCTION ZONES. (a) In this section, "designated brackish
groundwater production zone" means an aquifer, subdivision of an
aquifer, or geologic stratum designated under Section
16.060(b)(5).
(b) On receipt of a petition from a person with a legally
defined interest in groundwater in the district, a district located
over any part of a designated brackish groundwater production zone
shall adopt rules for the issuance of permits to withdraw brackish
groundwater from a well in a designated brackish groundwater
production zone for a project designed to treat brackish
groundwater to drinking water standards. The rules must:
(1) allow permitted withdrawals and rates of
withdrawal of brackish groundwater from a designated brackish
groundwater production zone;
(2) provide for a minimum term for a permit issued for
a well that produces brackish groundwater from a designated
brackish groundwater production zone that is consistent with
available commercial financing terms;
(3) require reasonable monitoring of an aquifer,
subdivision of an aquifer, or geologic stratum adjacent to a
designated brackish groundwater production zone;
(4) allow the district to amend a permit issued under
rules adopted under this section following receipt of a report
requested under Subsection (c); and
(5) require reports from the holder of a permit issued
under rules adopted under this section that must include:
(A) the amount of brackish groundwater
withdrawn;
(B) the average monthly water quality of the
brackish groundwater withdrawn; and
(C) aquifer levels in both the designated
brackish groundwater production zone and in any aquifer,
subdivision of the aquifer, or geologic stratum for which the
permit requires monitoring.
(c) The district shall provide the reports required under
Subsection (b)(5) to the Texas Water Development Board. On request
from the district, the development board shall investigate and
issue a report on whether brackish groundwater withdrawals from the
designated brackish groundwater production zone are causing:
(1) significant aquifer level declines; or
(2) adverse impacts to water quality in an aquifer,
subdivision of an aquifer, or geologic stratum.
(d) After receiving a report requested under Subsection
(c), the district may, after notice and hearing:
(1) amend the applicable permit to establish a
production limit necessary to mitigate any impacts identified by
the report;
(2) approve a mitigation plan that alleviates any
adverse impacts identified by the report; or
(3) both amend the permit to establish a production
limit and approve a mitigation plan.
SECTION 4. Section 36.1071(a), Water Code, is amended to
read as follows:
(a) Following notice and hearing, the district shall, in
coordination with surface water management entities on a regional
basis, develop a management plan that addresses the following
management goals, as applicable:
(1) providing the most efficient use of groundwater;
(2) controlling and preventing waste of groundwater;
(3) controlling and preventing subsidence;
(4) addressing conjunctive surface water management
issues;
(5) addressing natural resource issues;
(6) addressing drought conditions;
(7) addressing conservation, recharge enhancement,
rainwater harvesting, precipitation enhancement, or brush control,
where appropriate and cost-effective; [and]
(8) addressing the desired future conditions adopted
by the district under Section 36.108; and
(9) identifying goals for the development of brackish
groundwater desalination strategies in designated brackish
groundwater production zones.
SECTION 5. Section 36.108(d-2), Water Code, is amended to
read as follows:
(d-2) The desired future conditions proposed under
Subsection (d) must provide a balance between the highest
practicable level of groundwater production and the conservation,
preservation, protection, recharging, and prevention of waste of
groundwater and control of subsidence in the management area. The
desired future condition does not apply to brackish groundwater
production in designated brackish groundwater production zones.
This subsection does not prohibit the establishment of desired
future conditions that provide for the reasonable long-term
management of groundwater resources consistent with the management
goals under Section 36.1071(a). The desired future conditions
proposed under Subsection (d) must be approved by a two-thirds vote
of all the district representatives for distribution to the
districts in the management area. A period of not less than 90 days
for public comments begins on the day the proposed desired future
conditions are mailed to the districts. During the public comment
period and after posting notice as required by Section 36.063, each
district shall hold a public hearing on any proposed desired future
conditions relevant to that district. During the public comment
period, the district shall make available in its office a copy of
the proposed desired future conditions and any supporting
materials, such as the documentation of factors considered under
Subsection (d) and groundwater availability model run results.
After the public hearing, the district shall compile for
consideration at the next joint planning meeting a summary of
relevant comments received, any suggested revisions to the proposed
desired future conditions, and the basis for the revisions.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.