By: Larson H.B. No. 835
A BILL TO BE ENTITLED
AN ACT
relating to research, development and utilization of brackish
groundwater resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.060, Water Code, is amended to read as
follows:
Sec. 16.060. DESALINATION STUDIES AND RESEARCH. (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 water [seawater] desalination in the state.
(b) The board shall prepare a biennial progress report on
the implementation of water [seawater] 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] water desalination during the preceding
biennium;
(2) identification and evaluation of research,
regulatory, technical, and financial impediments to the
implementation of [seawater] water desalination projects;
(3) evaluation of the role the state should play in
furthering the development of large-scale [seawater] water
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;
(5) identification of brackish groundwater management
zones with moderate to high availability and productivity of
brackish water that can be used to reduce reliance on fresh
groundwater and that:
(A) are separated by hydrogeologic barriers
sufficient to prevent adverse impacts to water availability or
water quality in other aquifers, subdivisions of aquifers, or
geologic strata;
(B) are not part of an aquifer management unit
for which a desired future condition has been established;
(C) are not, at the time of designation as a
brackish groundwater management zone, serving as a primary water
supply for any purpose other than supplying a desalination project;
(D) production from which will not result in
subsidence; and
(E) are not located:
(i) within the boundaries of the
Harris-Galveston Subsidence District or the Fort Bend Subsidence
District; or
(ii) in the Edwards Aquifer and within the
boundaries of the Edwards Aquifer Authority; and
(6) information regarding state participation in
public-private partnerships to advance research efforts, implement
pilot projects, and develop new technologies related to:
(A) water transport;
(B) brine disposal;
(C) pretreatment of water for desalination; and
(D) innovative concentrate management
strategies.
(c) The board shall actively pursue federal sources of
funding for desalination projects in the state.
(d) The board shall coordinate 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 brackish groundwater
management zones under Subsection (b)(5).
SECTION 2. Subchapter D, Chapter 36, Water Code, is amended
by adding Sections 36.1012 and 36.1013 to read as follows:
Sec. 36.1012. PETITION FOR DESIGNATION OF A BRACKISH
GROUNDWATER MANAGEMENT ZONE. (a) A person with a legally defined
interest in groundwater in a district may petition that district to
establish a brackish groundwater management zone within the
district by following the procedures in this section. A "brackish
groundwater management zone" means an aquifer, subdivision of an
aquifer, or geologic stratum that:
(1) is separated by hydrogeologic barriers sufficient
to prevent adverse impacts to water availability or water quality
in other aquifers, subdivisions of aquifers, or geologic strata;
(2) is not part of an aquifer management unit for which
a desired future condition has been established;
(3) is not, at the time of designation as a brackish
groundwater management zone, serving as a primary water supply for
any purpose other than supplying a desalination project;
(4) production from which will not result in
subsidence; and
(5) is not located:
(A) within the boundaries of the
Harris-Galveston Subsidence District or the Fort Bend Subsidence
District; or
(B) in the Edwards Aquifer and within the
boundaries of the Edwards Aquifer Authority.
(b) The district shall review the petition and either deem
it to be administratively complete or return it with an explanation
of how the petition is deficient.
(c) Upon request from the petitioner or on its own motion,
the district may forward an administratively complete petition to
the Texas Water Development Board for review, along with a copy of
the relevant district rules and any other information the district
deems relevant to review of the petition.
(d) If requested, Texas Water Development Board shall
perform a technical review of the petition to determine:
(1) potential water quality or water quantity impacts
to any aquifer, subdivision of an aquifer, or geologic stratum
adjacent to the proposed brackish groundwater management zone; and
(2) whether production from the proposed zone will
negatively impact the district's ability to achieve approved
desired future conditions.
(e) Following the review, the Texas Water Development Board
shall issue a report to the district detailing the findings under
subsection (d).
(f) The district shall schedule a public hearing to consider
the petition, and shall make the petition and any other relevant
material available to any person upon request.
Sec. 36.1013. RULES FOR PERMITS IN BRACKISH GROUNDWATER
MANAGEMENT ZONES. (a) A district may, by rule, designate one or
more brackish groundwater management zones as a separate
subdivision of an aquifer, and may issue permits with terms and
conditions specific to that zone.
(b) After a district has designated a brackish groundwater
management zone, the district shall adopt rules for the issuance of
permits under Section 36.113 to withdraw groundwater specific to
that brackish groundwater management zone. The rules must:
(1) allow withdrawals and rates of withdrawal from a
brackish groundwater management zone that can be demonstrated as
not having an impact on aquifers, a subdivision of an aquifer, or
geologic stratum adjacent to the brackish groundwater management
zone;
(2) require reasonable monitoring of the aquifers,
subdivisions of aquifers, or geologic stratum adjacent to the
brackish groundwater management zone;
(3) allow the district to amend a permit issued under
rules adopted under this section following receipt of a report
requested under Subsection (d); and
(4) require reports from the holder of a permit issued
under rules adopted under this section that must include:
(A) the amount of groundwater withdrawn;
(B) the average monthly water quality of the
groundwater withdrawn from both the brackish groundwater
management zone and in any aquifer, subdivision of the aquifer, or
geologic stratum for which the permit requires monitoring; and
(C) aquifer levels in both the brackish
groundwater management 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)(4) to the Texas Water Development Board. On request
from the district, the Texas Water Development Board shall
investigate and issue a report on:
(1) impacts to water quantity in an adjacent aquifer,
subdivision of an aquifer, or geologic stratum; or
(2) impacts to water quality in an adjacent 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) with the approval of persons with a legally
defined interest in groundwater within the district, 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, with the approval of persons with a legally defined
interest in groundwater within the district, approve a mitigation
plan.
SECTION 3. Section 36.205(a), Water Code, is amended to
read as follows:
(a) A district may set fees for administrative acts of the
district, such as filing applications or petitions. Fees set by a
district may not unreasonably exceed the cost to the district of
performing the administrative function for which the fee is
charged.
SECTION 4. 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 September 1, 2015.