Texas 2015 - 84th Regular

Texas House Bill HB836 Compare Versions

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1	1	By: Larson H.B. No. 836
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the development of brackish groundwater.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The legislature finds that the state will
9	9	benefit from the encouragement of the use of brackish groundwater
10	10	resources to help supply the water demands of the state.
11	11	SECTION 2. Section 16.012(b), Water Code, is amended to
12	12	read as follows:
13	13	(b) The executive administrator shall:
14	14	(1) determine suitable locations for future water
15	15	facilities, including reservoir sites;
16	16	(2) determine suitable, cost-effective water supply
17	17	alternatives on a regional basis, including voluntary means of
18	18	encouraging aggressive water conservation;
19	19	(3) locate land best suited for irrigation;
20	20	(4) make estimates of the cost of proposed irrigation
21	21	works and the improvement of reservoir sites;
22	22	(5) examine and survey reservoir sites;
23	23	(6) monitor the effects of fresh water inflows upon
24	24	the bays and estuaries of Texas;
25	25	(7) monitor instream flows;
26	26	(8) lead a statewide effort, in coordination with
27	27	federal, state, and local governments, institutions of higher
28	28	education, and other interested parties, to develop a network for
29	29	collecting and disseminating water resource-related information
30	30	that is sufficient to support assessment of ambient water
31	31	conditions statewide;
32	32	(9) make recommendations for optimizing the
33	33	efficiency and effectiveness of water resource data collection and
34	34	dissemination as necessary to ensure that basic water resource data
35	35	are maintained and available for Texas; and
36	36	(10) study groundwater resources to identify areas
37	37	suitable for designation as brackish groundwater production zones;
38	38	and
39	39	(11) make basic data and summary information developed
40	40	under this subsection accessible to state agencies and other
41	41	interested persons.
42	42	SECTION 3. Section 16.012, Water Code, is amended by
43	43	amending Subsection (l) and adding Subsections (o) through (q) to
44	44	read as follows:
45	45	(l) The executive administrator shall obtain or develop
46	46	groundwater availability models for major and minor aquifers in
47	47	coordination with groundwater conservation districts and regional
48	48	water planning groups created under Section 16.053 that overlie the
49	49	aquifers. Modeling of major aquifers shall be completed not later
50	50	than October 1, 2004. On completing a groundwater availability
51	51	model for an aquifer, the executive administrator shall provide the
52	52	model to each groundwater conservation district and each regional
53	53	water planning group created under Section 16.053 overlying that
54	54	aquifer. If the executive administrator updates a groundwater
55	55	availability model, the executive administrator shall consider
56	56	expanding the groundwater availability model to adequately address
57	57	groundwater contained in designated brackish groundwater zones.
58	58	(o) The executive administrator shall obtain or develop a
59	59	series of regional maps and supporting documentation that
60	60	delineates areas of groundwater resources as follows:
61	61	(1) areas of groundwater resources with average total
62	62	dissolved solid levels greater than 3,000 milligrams per liter
63	63	that, if subjected to continuous appreciable pumping over a period
64	64	of 30 years, would not result in unreasonable negative impacts to
65	65	groundwater resources described by Section 36.501(b); and
66	66	(2) areas of groundwater resources with average total
67	67	dissolved solid levels between 1,000 and 3,000 milligrams per liter
68	68	that, if subjected to continuous appreciable pumping over a period
69	69	of 30 years, would not result in unreasonable negative impacts to
70	70	groundwater resources described by Section 36.501(b).
71	71	(p) The regional maps described under Subsection (o) shall
72	72	be developed in coordination with groundwater conservation
73	73	districts and regional water planning groups that overlie the
74	74	groundwater resources in the area. The regional maps shall be
75	75	completed not later than October 1, 2019. On completing a regional
76	76	map and its supporting documentation, the executive administrator
77	77	shall provide the map to each groundwater conservation district and
78	78	each regional water planning group in the area of the map.
79	79	(q) The executive administrator shall conduct a review and
80	80	submit findings to the 85th Texas Legislature in the board's
81	81	biennial report required by Section 6.156 regarding existing
82	82	groundwater availability models developed as required by Section
83	83	16.012(l) documenting the extent, if any, of brackish groundwater
84	84	resources included in current models and areas of significant
85	85	groundwater resources for which no groundwater availability model
86	86	currently exists.
87	87	SECTION 4. Section 16.053(e), Water Code, is amended to
88	88	read as follows:
89	89	(e) Each regional water planning group shall submit to the
90	90	development board a regional water plan that:
91	91	(1) is consistent with the guidance principles for the
92	92	state water plan adopted by the development board under Section
93	93	16.051(d);
94	94	(2) provides information based on data provided or
95	95	approved by the development board in a format consistent with the
96	96	guidelines provided by the development board under Subsection (d);
97	97	(2-a) is consistent with the desired future conditions
98	98	adopted under Section 36.108 for the relevant aquifers located in
99	99	the regional water planning area as of the date the board most
100	100	recently adopted a state water plan under Section 16.051 or, at the
101	101	option of the regional water planning group, established subsequent
102	102	to the adoption of the most recent plan;
103	103	(3) identifies:
104	104	(A) each source of water supply in the regional
105	105	water planning area, including information supplied by the
106	106	executive administrator on the amount of modeled available
107	107	groundwater in accordance with the guidelines provided by the
108	108	development board under Subsections (d) and (f);
109	109	(B) factors specific to each source of water
110	110	supply to be considered in determining whether to initiate a
111	111	drought response;
112	112	(C) actions to be taken as part of the response;
113	113	and
114	114	(D) existing major water infrastructure
115	115	facilities that may be used for interconnections in the event of an
116	116	emergency shortage of water;
117	117	(4) has specific provisions for water management
118	118	strategies to be used during a drought of record;
119	119	(5) includes but is not limited to consideration of
120	120	the following:
121	121	(A) any existing water or drought planning
122	122	efforts addressing all or a portion of the region;
123	123	(B) approved groundwater conservation district
124	124	management plans and other plans submitted under Section 16.054;
125	125	(C) all potentially feasible water management
126	126	strategies, including but not limited to improved conservation,
127	127	reuse, and management of existing water supplies, conjunctive use,
128	128	acquisition of available existing water supplies, and development
129	129	of new water supplies;
130	130	(D) protection of existing water rights in the
131	131	region;
132	132	(E) opportunities for and the benefits of
133	133	developing regional water supply facilities or providing regional
134	134	management of water supply facilities;
135	135	(F) appropriate provision for environmental
136	136	water needs and for the effect of upstream development on the bays,
137	137	estuaries, and arms of the Gulf of Mexico and the effect of plans on
138	138	navigation;
139	139	(G) provisions in Section 11.085(k)(1) if
140	140	interbasin transfers are contemplated;
141	141	(H) voluntary transfer of water within the region
142	142	using, but not limited to, regional water banks, sales, leases,
143	143	options, subordination agreements, and financing agreements; [and]
144	144	(I) emergency transfer of water under Section
145	145	11.139, including information on the part of each permit, certified
146	146	filing, or certificate of adjudication for nonmunicipal use in the
147	147	region that may be transferred without causing unreasonable damage
148	148	to the property of the nonmunicipal water rights holder; and
149	149	(J) opportunities for and the benefits of
150	150	designating local or regional brackish groundwater production
151	151	zones;
152	152	(6) identifies river and stream segments of unique
153	153	ecological value and sites of unique value for the construction of
154	154	reservoirs that the regional water planning group recommends for
155	155	protection under Section 16.051;
156	156	(7) assesses the impact of the plan on unique river and
157	157	stream segments identified in Subdivision (6) if the regional water
158	158	planning group or the legislature determines that a site of unique
159	159	ecological value exists;
160	160	(8) describes the impact of proposed water projects on
161	161	water quality; and
162	162	(9) includes information on:
163	163	(A) projected water use and conservation in the
164	164	regional water planning area; and
165	165	(B) the implementation of state and regional
166	166	water plan projects, including water conservation strategies,
167	167	necessary to meet the state's projected water demands.
168	168	SECTION 5. Section 16.060, Water Code, is amended by
169	169	amending Subsections (a) and (b) and adding Subsection (d) to read
170	170	as follows:
171	171	(a) The board shall undertake or participate in research,
172	172	feasibility and facility planning studies, investigations, and
173	173	surveys as it considers necessary to further the development of
174	174	cost-effective water supplies from seawater or groundwater
175	175	desalination in the state.
176	176	(b) The board shall prepare a biennial progress report on
177	177	the implementation of seawater or groundwater desalination
178	178	activities in the state and shall submit it to the governor,
179	179	lieutenant governor, and speaker of the house of representatives
180	180	not later than December 1 of each even-numbered year. The report
181	181	shall include:
182	182	(1) results of the board's studies and activities
183	183	relative to seawater or groundwater desalination during the
184	184	preceding biennium;
185	185	(2) identification and evaluation of research,
186	186	regulatory, technical, and financial impediments to the
187	187	implementation of seawater or groundwater desalination projects;
188	188	(3) evaluation of the role the state should play in
189	189	furthering the development of large-scale seawater or groundwater
190	190	desalination projects in the state; and
191	191	(4) the anticipated appropriation from general
192	192	revenues necessary to continue investigating water desalination
193	193	activities in the state during the next biennium.
194	194	SECTION 6. Section 36.001, Water Code, is amended by adding
195	195	a new Subdivision (17) to read as follows:
196	196	(17) "Brackish groundwater production zone" means a
197	197	zone designated by a district or the Texas Water Development Board
198	198	in accordance with Subchapter O.
199	199	SECTION 7. Section 36.1071(a), Water Code, is amended to
200	200	read as follows:
201	201	Sec. 36.1071. MANAGEMENT PLAN. (a) Following notice and
202	202	hearing, the district shall, in coordination with surface water
203	203	management entities on a regional basis, develop a management plan
204	204	that addresses the following management goals, as applicable:
205	205	(1) providing the most efficient use of groundwater;
206	206	(2) controlling and preventing waste of groundwater;
207	207	(3) controlling and preventing subsidence;
208	208	(4) addressing conjunctive surface water management
209	209	issues;
210	210	(5) addressing natural resource issues;
211	211	(6) addressing drought conditions;
212	212	(7) addressing conservation, recharge enhancement,
213	213	rainwater harvesting, precipitation enhancement, or brush control,
214	214	where appropriate and cost-effective
215	215	(8) promoting the development and use of groundwater
216	216	in brackish groundwater production zones; and
217	217	(9) addressing the desired future conditions adopted
218	218	by the district under Section 36.108.
219	219	SECTION 8. Section 36.108, Water Code, is amended by
220	220	amending Subsections (d), (d-1), and (d-3) to read as follows:
221	221	(d) Not later than September 1, 2010, and every five years
222	222	thereafter, the districts shall consider groundwater availability
223	223	models and other data or information for the management area and
224	224	shall propose for adoption desired future conditions for the
225	225	relevant aquifers within the management area. Before voting on the
226	226	proposed desired future conditions of the aquifers under Subsection
227	227	(d-2), the districts shall consider:
228	228	(1) aquifer uses or conditions within the management
229	229	area, including conditions that differ substantially from one
230	230	geographic area to another;
231	231	(2) the water supply needs and water management
232	232	strategies included in the state water plan;
233	233	(3) hydrological conditions, including for each
234	234	aquifer in the management area the total estimated recoverable
235	235	storage as provided by the executive administrator, and the average
236	236	annual recharge, inflows, and discharge;
237	237	(4) other environmental impacts, including impacts on
238	238	spring flow and other interactions between groundwater and surface
239	239	water;
240	240	(5) the impact on subsidence;
241	241	(6) socioeconomic impacts reasonably expected to
242	242	occur;
243	243	(7) the impact on the interests and rights in private
244	244	property, including ownership and the rights of management area
245	245	landowners and their lessees and assigns in groundwater as
246	246	recognized under Section 36.002;
247	247	(8) the impact on existing and potential brackish
248	248	groundwater production zones;
249	249	(9) the feasibility of achieving the desired future
250	250	condition; and
251	251	(10) any other information relevant to the specific
252	252	desired future conditions.
253	253	(d-1) The districts may establish different desired future
254	254	conditions for:
255	255	(1) each aquifer, subdivision of an aquifer, or
256	256	geologic strata located in whole or in part within the boundaries of
257	257	the management area; or
258	258	(2) each geographic area overlying an aquifer in whole
259	259	or in part or subdivision of an aquifer within the boundaries of the
260	260	management area; or
261	261	(3) brackish groundwater production zones.
262	262	(d-3) After the earlier of the date on which all the
263	263	districts have submitted their district summaries or the expiration
264	264	of the public comment period under Subsection (d-2), the district
265	265	representatives shall reconvene to review the reports, consider any
266	266	district's suggested revisions to the proposed desired future
267	267	conditions, and finally adopt the desired future conditions for the
268	268	management area. The desired future conditions must be adopted as a
269	269	resolution by a two-thirds vote of all the district
270	270	representatives. The district representatives shall produce a
271	271	desired future conditions explanatory report for the management
272	272	area and submit to the development board and each district in the
273	273	management area proof that notice was posted for the joint planning
274	274	meeting, a copy of the resolution, and a copy of the explanatory
275	275	report. The report must:
276	276	(1) identify each desired future condition;
277	277	(2) provide the policy and technical justifications
278	278	for each desired future condition;
279	279	(3) include documentation that the factors under
280	280	Subsection (d) were considered by the districts and a discussion of
281	281	how the adopted desired future conditions impact each factor;
282	282	(4) list other desired future condition options
283	283	considered, if any, and the reasons why those options were not
284	284	adopted; and
285	285	(5) discuss, if applicable, how the desired future
286	286	conditions promote the use of groundwater from brackish groundwater
287	287	production zones; and
288	288	(6) discuss reasons why recommendations made by
289	289	advisory committees and relevant public comments received by the
290	290	districts were or were not incorporated into the desired future
291	291	conditions.
292	292	SECTION 9. Section 36.1132(b), Water Code, is amended to
293	293	read as follows:
294	294	Sec. 36.1132. PERMITS BASED ON MODELED AVAILABLE
295	295	GROUNDWATER.
296	296	(b) In issuing permits, the district shall manage total
297	297	groundwater production on a long-term basis to achieve an
298	298	applicable desired future condition and consider:
299	299	(1) the modeled available groundwater determined by
300	300	the executive administrator;
301	301	(2) the executive administrator's estimate of the
302	302	current and projected amount of groundwater produced under
303	303	exemptions granted by district rules and Section 36.117;
304	304	(3) the amount of groundwater authorized under permits
305	305	previously issued by the district;
306	306	(4) a reasonable estimate of the amount of groundwater
307	307	that is actually produced under permits issued by the district; and
308	308	(5) yearly precipitation and production patterns; and
309	309	(6) the extent to which the total volume of water
310	310	authorized to be produced under permits issued by the district may
311	311	be increased because of the amount of groundwater production that
312	312	will occur from within brackish groundwater production zones while
313	313	still achieving an applicable desired future condition.
314	314	SECTION 10. Section 36.402, Water Code, is amended to read
315	315	as follows:
316	316	Sec. 36.402. APPLICABILITY. Except as provided by Section
317	317	36.416 and under Subchapter O, this subchapter applies to the
318	318	notice and hearing process used by a district for permit and permit
319	319	amendment applications.
320	320	SECTION 11. Chapter 36, Water Code, is amended to add
321	321	Subchapter O, as follows:
322	322	SUBCHAPTER O. BRACKISH GROUNDWATER PRODUCTION ZONES
323	323	Sec. 36.501. APPLICABILITY. (a) Except as provided in
324	324	subsection (b), a brackish groundwater production zone may be
325	325	designated in any groundwater reservoir or subdivision of a
326	326	groundwater reservoir in the state.
327	327	(b) No brackish groundwater production zone may be
328	328	designated in the following:
329	329	(1) any area of a groundwater reservoir or subdivision
330	330	of a groundwater reservoir with average total dissolved solids
331	331	levels of 1,000 milligrams per liter or less, at the time of
332	332	submission of an administratively complete petition under Section
333	333	36.502;
334	334	(2) any area of a groundwater reservoir or subdivision
335	335	of a groundwater reservoir with average total dissolved solids
336	336	levels of more than 1,000 milligrams per liter that is serving as a
337	337	significant source of water supply for municipal, domestic, or
338	338	agricultural purposes, other than production from another brackish
339	339	groundwater production zone, at the time of submission of an
340	340	administratively complete petition under Section 36.502;
341	341	(3) any area of the Edwards Aquifer subject to the
342	342	jurisdiction of the Edwards Aquifer Authority; or
343	343	(4) any area within the boundaries of the Barton
344	344	Springs-Edwards Aquifer Conservation District, the
345	345	Harris-Galveston Subsidence District, or the Fort Bend Subsidence
346	346	District.
347	347	(c) The average total dissolved solids levels provided in
348	348	Subsection (b)(1) and (2) shall be determined by:
349	349	(1) using the methodologies included in the guidance
350	350	documents developed by the Texas Water Development Board under
351	351	Section 36.503; or
352	352	(2) a process agreed to in writing by the petitioner
353	353	and the district in which the project is located.
354	354	Sec. 36.502. DESIGNATION OF ZONE BY PETITION. (a) A person
355	355	with a legally defined interest in the groundwater to be included
356	356	in a brackish groundwater production zone may petition the district
357	357	to designate a brackish groundwater production zone in a
358	358	groundwater reservoir or subdivision of a reservoir, or in a
359	359	specific area of a groundwater reservoir or subdivision of a
360	360	reservoir.
361	361	(b) The district shall designate a zone if the petitioner
362	362	demonstrates that:
363	363	(1) the production of groundwater proposed in the
364	364	petition will not cause unreasonable negative impacts:
365	365	(A) to the quality or quantity of groundwater
366	366	available for permitted and exempt production in any area of a
367	367	groundwater reservoir or subdivision of a groundwater reservoir
368	368	described under Section 36.501(b);
369	369	(B) to existing wells or well systems; or
370	370	(C) on the achievement of applicable existing
371	371	desired future conditions; and
372	372	(2) a monitoring plan described under Section
373	373	36.504(a)(4) is sufficient to monitor the impacts described under
374	374	Subdivision (1) of this subsection.
375	375	(c) Notwithstanding subsection (b), a district may
376	376	designate a brackish groundwater production zone if the petitioner
377	377	demonstrates that, while there are unreasonable negative impacts
378	378	described under Subsection (b)(1) or there are existing wells that
379	379	may be unreasonably negatively impacted by production from the
380	380	zone, the mitigation plan, if any, submitted under Section 36.504
381	381	as part of the petition will reasonably offset the impacts.
382	382	(d) A brackish groundwater production zone designation
383	383	created under this subsection shall be consistent with the rights
384	384	recognized under Section 36.002.
385	385	Section 36.503. TECHNICAL GUIDANCE DOCUMENTS DEVELOPED BY
386	386	BOARD. The Texas Water Development Board, with input from
387	387	districts and interested stakeholders, shall develop guidance
388	388	documents addressing the technical contents of petitions to
389	389	designate brackish groundwater production zones. The guidance
390	390	documents shall include a description of the technical
391	391	information, including hydrogeologic studies, modeling, or other
392	392	applicable geophysical and geochemical data regarding properties
393	393	of the groundwater reservoirs and subdivisions of groundwater
394	394	reservoirs in the area of a proposed zone, and monitoring and
395	395	reporting protocols that will be required as part of a petition to
396	396	make the demonstrations set forth under Section 36.502(b) and (c),
397	397	and guidance on how to determine average total dissolved solids
398	398	levels in an area of a groundwater reservoir or subdivision of a
399	399	groundwater reservoir. The guidance documents shall be used by
400	400	petitioners in developing petitions and by districts and the Texas
401	401	Water Development Board in reviewing petitions.
402	402	Sec. 36.504. CONTENTS OF A PETITION. A petition for the
403	403	designation of a brackish groundwater production zone shall include
404	404	the following:
405	405	(1) a description of:
406	406	(A) the location of the area overlying the zone
407	407	and a map that includes sufficient details to enable a property
408	408	owner to determine whether his property is located within the
409	409	associated surface acreage proposed to be included in the zone
410	410	based on:
411	411	(1) a metes and bounds survey certified by a
412	412	licensed state land surveyor or a registered professional land
413	413	surveyor;
414	414	(2) the Texas State Plane Coordinate
415	415	System; or
416	416	(3) verifiable landmarks, including a road,
417	417	creek, or railroad line;
418	418	(B) the groundwater reservoir or subdivision of a
419	419	groundwater reservoir in which the zone will be located; and
420	420	(C) the petitioner's rights to produce
421	421	groundwater in the zone;
422	422	(2) the approximate locations, production rates,
423	423	depths of well screens, total annual production, and total duration
424	424	of production of wells to be used for production of groundwater
425	425	from the zone;
426	426	(3) technical information consistent with the
427	427	guidance documents developed under Subsection (b) sufficient to
428	428	make the demonstrations set forth under Section 36.502(b),
429	429	including the scope and degree of impact, due to projected
430	430	production, on areas of groundwater reservoirs and subdivisions of
431	431	groundwater reservoirs locate inside and outside the zone described
432	432	under Section 36.501(b);
433	433	(4) a plan for monitoring and reporting on a periodic
434	434	basis the quality and quantity of groundwater in the proposed zone
435	435	and adjacent areas of groundwater reservoirs and subdivisions of
436	436	groundwater reservoirs described under Section 36.501(b);
437	437	(5) proposed mitigation plans to identify and mitigate
438	438	impacts to existing well owners, if any, caused by the petitioner's
439	439	production of groundwater from the zone; and
440	440	(6) if applicable, a description of the expected
441	441	project financing term and estimated duration of the project that
442	442	will be producing groundwater from the zone.
443	443	Sec. 36.505. PROCEDURE FOR DISTRICT REVIEW OF A PETITION.
444	444	(a) A petition to designate a brackish groundwater production zone
445	445	shall be filed with the district with jurisdiction over the
446	446	groundwater reservoir or subdivision of a groundwater reservoir
447	447	proposed to be designated as a brackish groundwater production
448	448	zone. A copy of the petition shall be filed with the Texas Water
449	449	Development Board. Within 45 days after receipt of a petition, the
450	450	district shall deem the petition administratively complete,
451	451	provide the petitioner with notice of the deficiencies in the
452	452	petition, or provide the petitioner with notice that the petition
453	453	shall be considered for direct referral to the Texas Water
454	454	Development Board.
455	455	(b) A district shall hold a hearing on a petition or on a
456	456	request to directly refer the petition to the Texas Water
457	457	Development Board. The notice and hearing shall be provided and
458	458	conducted in the same manner as a rulemaking hearing under Section
459	459	36.101, and the district shall require all hearing participants to
460	460	register as described under Section 36.101(g). The executive
461	461	administrator may, and at the request of the district or petitioner
462	462	shall, participate in the hearing and provide technical comments
463	463	for the benefit of the district, the petitioner, and the public
464	464	regarding the petition and the designation of the zone in
465	465	accordance with the provisions of this subchapter.
466	466	(c) The district board shall make a final ruling on a
467	467	petition within 150 days of receipt of an administratively complete
468	468	petition.
469	469	(d) A petition shall be deemed denied, without further
470	470	action by a district, if the district fails to directly refer the
471	471	petition to the Texas Water Development Board or make a final ruling
472	472	on the petition in accordance with Section 36.505(c), unless
473	473	otherwise agreed by the petitioner and district.
474	474	Sec. 36.506. DISTRICT ACTION ON PETITION; WHEN FINAL. (a) A
475	475	district board may grant, modify, deny or directly refer a petition
476	476	to the Texas Water Development Board by written order. Unless the
477	477	written order directly refers the petition to the Texas Water
478	478	Development Board, the order shall include the findings of the
479	479	district board relevant to the determinations set forth under
480	480	Section 36.502(b) and (c) and projected impacts of the proposed
481	481	groundwater production from within the zone, including any
482	482	projected impacts to the quality or quantity of groundwater in
483	483	areas described under Section 36.501(b). Unless the written order
484	484	directly refers the petition to the Texas Water Development Board,
485	485	the board's order shall describe how the zone designation is
486	486	consistent with the rights recognized in Section 36.002 or whether
487	487	the zone designation does not impact the rights recognized in
488	488	Section 36.002, and shall include the participant registration
489	489	information obtained under Section 36.505(b).
490	490	(b) A decision by a district on a petition is final and
491	491	appealable pursuant to Section 36.507 on the date of the district
492	492	board's written order approving, modifying, or denying the
493	493	petition. The district shall not require a motion for rehearing on
494	494	the board action as a prerequisite to filing an appeal under Section
495	495	36.507. A decision by a district on a petition that directly refers
496	496	the petition to the Texas Water Development Board is final on the
497	497	date of the district's written order, and the decision to directly
498	498	refer the petition is not appealable.
499	499	Sec. 36.507. APPEAL OR DIRECT REFERRAL TO TEXAS WATER
500	500	DEVELOPMENT BOARD. (a) Within 30 days after the date of a district
501	501	board's written order approving, modifying, denying or directly
502	502	referring a petition, or 30 days after the date a petition is deemed
503	503	denied under Section 36.505(d), the petitioner or any person with a
504	504	legally defined interest in groundwater in the district who
505	505	participated in the hearing may appeal the decision of the district
506	506	board by filing a notice of appeal along with a copy of the petition
507	507	as reviewed by the district board with the Texas Water Development
508	508	Board.
509	509	(b) If a district enters an order directly referring a
510	510	petition, the petitioner shall file the petition with the Texas
511	511	Water Development Board. The executive administrator shall
512	512	promptly review the petition and, within 30 days after receipt of a
513	513	petition, the executive administrator shall declare the petition
514	514	administratively complete, or provide the petitioner with notice of
515	515	the deficiencies in the petition.
516	516	(c) The person filing the appeal, or the petitioner, in the
517	517	case of direct referral, shall provide notice of the Texas Water
518	518	Development Board's review of the petition by appeal or direct
519	519	referral to the petitioner, if the district, and to each person that
520	520	participated in the hearing as identified in the district's order
521	521	under Section 36.506(a) or, if the petition was deemed denied and
522	522	there is no district order, to each person who participated and
523	523	registered at the hearing as required under Section 36.505(b).
524	524	(d) The Texas Water Development Board shall review the
525	525	petition de novo. On direct referral, or on an appeal by the
526	526	petitioner of the district board's modification or denial of the
527	527	petition, the petitioner shall bear the burden of demonstrating
528	528	that the petition meets the requirements of this subchapter for the
529	529	designation of a zone. If a person other than the petitioner appeals
530	530	the district board's denial of the petition and the petitioner does
531	531	not appeal, the person shall bear the burden of demonstrating that
532	532	the petition meets the requirements of this subchapter for the
533	533	designation of a zone. If a person other than the petitioner
534	534	appeals the district board's modification or approval of the
535	535	petition, the person shall bear the burden of demonstrating that
536	536	the petition as approved does not meet the requirements of this
537	537	subchapter for the designation of a zone.
538	538	(e) The Texas Water Development Board's review of a petition
539	539	under this section is considered a contested case under Chapter
540	540	2001, Government Code. The executive administrator shall refer an
541	541	appeal directly to the State Office of Administrative Hearings for
542	542	a determination of parties and a contested case hearing. The Texas
543	543	Water Development Board shall issue a final order granting,
544	544	modifying, or denying the petition and including the information
545	545	required of a written order under Section 36.506(a).
546	546	(f) Any party to a review under this section is entitled to
547	547	judicial review of the Texas Water Development Board's final order
548	548	under the substantial evidence rule.
549	549	Sec. 36.508. PETITION PROCESS FOR BRACKISH GROUNDWATER
550	550	PRODUCTION ZONE LOCATED IN TWO OR MORE DISTRICTS. (a) A petition to
551	551	designate a brackish groundwater production zone in an area that
552	552	includes more than one district shall be filed with each district
553	553	located over the proposed zone in the manner provided by Section
554	554	36.502.
555	555	(b) The districts described under Subsection (a) shall:
556	556	(1) hold a joint hearing on a petition within 90 days
557	557	of receipt of an administratively complete petition in the manner
558	558	provided by Section 36.505;
559	559	(2) agree in writing that one district shall hold the
560	560	hearing on the petition on behalf of all of the districts; or
561	561	(3) directly refer a petition to the Texas Water
562	562	Development Board if at least one district adopts a written order
563	563	directly referring the petition.
564	564	(c) A quorum of the board of directors of each district
565	565	located over the proposed zone is required for a joint hearing under
566	566	this section.
567	567	(d) The districts located over the proposed zone may enter
568	568	into a cost-sharing agreement to address any technical,
569	569	regulatory, legal, administrative or other issues associated with
570	570	the petition.
571	571	(e) Each district located over the proposed zone shall
572	572	provide notice of a hearing as provided by Section 36.505. If a
573	573	district is holding a district board meeting at which a district
574	574	board will consider a direct referral of a petition to the Texas
575	575	Water Development Board, the district shall provide written notice
576	576	of the district board meeting to all other districts located over
577	577	the proposed zone and the Texas Water Development Board.
578	578	(f) The board of directors of each district located over the
579	579	proposed zone shall make a final decision on the designation of the
580	580	zone within 75 days of the date of the hearing conducted under
581	581	Subsection (b), unless the petitioner and each participating
582	582	district agree in writing on another date. A single written order
583	583	that meets the requirements of Section 36.506 must be approved by
584	584	the board of directors of each district located over the zone in
585	585	order to designate a zone under this section. The failure of one or
586	586	more of the districts to approve a single order under this
587	587	subsection, or the approval and issuance of a single order by each
588	588	district to approve, modify, or deny a petition under this
589	589	subsection, may be appealed to the Texas Water Development Board in
590	590	the manner described by Section 36.507.
591	591	Sec. 36.509. PERMITTING OF WELLS IN A BRACKISH GROUNDWATER
592	592	PRODUCTION ZONE. (a) Except as specifically provided under this
593	593	subchapter or otherwise provided in the zone designation order, a
594	594	district may adopt rules regulating the drilling, equipping,
595	595	completion, and spacing of wells, production of groundwater, or
596	596	otherwise managing the groundwater resources located in a brackish
597	597	groundwater production zone in any manner authorized under this
598	598	chapter; provided, however, that such rules must not be in conflict
599	599	with the findings of the order designating the zone. However, any
600	600	rules related to well spacing for wells in the zone or limiting the
601	601	rates or amounts of groundwater production from the zone are:
602	602	(1) not applicable to a permit applicant that was the
603	603	petitioner for the designation of the zone unless the rules related
604	604	to well spacing or production were in effect at the time of the
605	605	designation of the zone; and
606	606	(2) not applicable to a permit applicant that was not
607	607	the petitioner for the designation of the zone unless the rules
608	608	related to well spacing or production were in effect at the time of
609	609	receipt of the administratively complete permit application by such
610	610	permit applicant.
611	611	(b) An application for a permit for a well in a brackish
612	612	groundwater production zone shall be consistent with the findings
613	613	in the written order designating the zone under Section 36.506 or
614	614	36.507, as applicable, and the rules of the district as described
615	615	under Subsection (a).
616	616	(c) The district may impose a reasonable fee under Section
617	617	36.205 for processing an application under this section.
618	618	(d) A district shall act on an application for a permit for
619	619	a well in a brackish groundwater production zone within 60 days of
620	620	receipt of the application, or as otherwise agreed by the district
621	621	and the petitioner. The application shall be processed as an
622	622	uncontested application under Subchapter M and shall not be subject
623	623	to a contested case hearing, or may be processed as an application
624	624	for which a hearing is not required under Section 36.114(b).
625	625	(e) Notwithstanding Section 36.113(d), a district shall
626	626	grant an application for a permit for a well in a brackish
627	627	groundwater production zone if the application is consistent with
628	628	the order designating the zone under Section 36.506 or 36.507, as
629	629	applicable, and the rules of the district as described under
630	630	Subsection (a).
631	631	(f) A permit issued under this section may be amended
632	632	pursuant to an application by the permittee if the permittee
633	633	demonstrates that the changes to the permit are consistent with the
634	634	written order designating the zone under Sections 36.506 or 36.507.
635	635	A permit may be amended by the district pursuant to Section 36.514.
636	636	Sec. 36.510. CONTENTS OF A PERMIT IN A BRACKISH GROUNDWATER
637	637	PRODUCTION ZONE. (a) Permits shall authorize the drilling and
638	638	production of water at locations, rates, and amounts that are
639	639	consistent with the written order designating the brackish
640	640	groundwater production zone, and the rules of the district as
641	641	described under Section 36.509(a).
642	642	(b) Permits in a brackish groundwater production zone shall
643	643	contain a permit term equal to the expected project financing term
644	644	or estimated duration of production for the project contained in
645	645	the zone designation, but no more than 30 years.
646	646	(c) Permits may require reasonable monitoring of the zone
647	647	and adjacent areas of groundwater reservoirs and subdivisions of
648	648	groundwater reservoirs consistent with the monitoring plan
649	649	contained in the zone designation.
650	650	(d) Permits may require the filing of drilling logs, and
651	651	periodic reports of withdrawals, aquifer levels, and other
652	652	information from the monitoring plan.
653	653	Sec. 36.511. NON-APPLICABILITY OF SECTION 36.122 TO
654	654	PRODUCTION; EXPORT FEES. (a) The production from a well in a
655	655	brackish groundwater production zone is not subject to Section
656	656	36.122.
657	657	(b) Notwithstanding subsection (a), a district may impose a
658	658	reasonable fee or surcharge under Section 36.122(e) for groundwater
659	659	produced from a brackish groundwater production zone for use
660	660	outside of a district's boundaries.
661	661	Sec. 36.512. RIGHTS OF LANDOWNER OVER BRACKISH GROUNDWATER
662	662	PRODUCTION ZONE TO PRODUCE GROUNDWATER. In implementing this
663	663	subchapter, a district's actions shall be consistent with the
664	664	rights recognized under Section 36.002.
665	665	Sec. 36.513. AMENDMENTS TO BRACKISH GROUNDWATER PRODUCTION
666	666	ZONES. (a) A brackish groundwater production zone designation
667	667	under this subchapter may only be amended as provided by this
668	668	section.
669	669	(b) A district may initiate an amendment to a brackish
670	670	groundwater production zone to increase or decrease the rates or
671	671	amounts of production of groundwater from the zone, to amend the
672	672	boundaries of the zone, or to change a monitoring or mitigation plan
673	673	applicable to the zone by providing notice and holding a hearing in
674	674	the manner set forth under Section 36.505. A district that
675	675	initiates an amendment to a zone shall bear the burden of proof in
676	676	making the demonstrations required under Section 36.502 and this
677	677	section. If the district amendment proposes to decrease the rates
678	678	or amounts of production of groundwater from the zone, the district
679	679	must demonstrate that the actual impacts to groundwater resources
680	680	from production within the zone exceed the projected impacts
681	681	included in the written order issued under Section 36.506 or
682	682	36.507, as applicable, that designated the zone, or that there is a
683	683	changed desired future condition that is impacted by production
684	684	from the zone.
685	685	(c) A person who holds a permit to produce groundwater from
686	686	within the zone or any person with a legally defined interest in
687	687	groundwater in the district may initiate an amendment to a zone to
688	688	increase or decrease the rates or amounts of production of
689	689	groundwater from the zone, to amend the boundaries of the zone, or
690	690	to change a monitoring or mitigation plan applicable to the zone by
691	691	filing a petition with the district in the manner prescribed for
692	692	the original designation of a zone under Section 36.502. The
693	693	petitioner shall bear the burden of proof in making the
694	694	demonstrations required under Section 36.502 and this section. If
695	695	the petition proposes to decrease the rates or amounts of
696	696	production of groundwater from the zone, the petitioner must
697	697	demonstrate that the actual impacts to groundwater resources from
698	698	production within the zone exceed the projected impacts included
699	699	in the written order issued under Section 36.506 or 36.507, as
700	700	applicable, that designated the zone, or that there is a changed
701	701	desired future condition that is impacted by production from the
702	702	zone.
703	703	(d) A person who holds a permit to produce groundwater from
704	704	within the zone or any person with a legally defined interest in
705	705	groundwater in the district may appeal the decision of the district
706	706	board to amend a zone under Subsections (b) or (c) to the Texas
707	707	Water Development Board in the manner prescribed under Section
708	708	36.507.
709	709	Sec. 36.514. EFFECT OF ZONE AMENDMENT ON EXISTING WELL
710	710	PERMITS IN A ZONE. (a) A district may amend a well permit in a
711	711	brackish groundwater production zone to change the amount or rate
712	712	of production, or change the monitoring or mitigation plan, only if
713	713	the designation of the zone is amended under Section 36.513 or by
714	714	written agreement between the district and the permit holder. Any
715	715	amendment to a permit must be consistent with the amendment to the
716	716	zone and may not reduce the rates or amounts of groundwater produced
717	717	under the permit to a level lower than necessary to be consistent
718	718	with the amended zone designation.
719	719	(b) A district may not amend an existing permit to produce
720	720	groundwater from a zone because of a change in a desired future
721	721	condition established under Section 36.108 that may be affected by
722	722	production from the zone, even if the zone is amended under Section
723	723	36.513. In such instances, the district may reduce production
724	724	through permit renewal after expiration of the original permit term
725	725	and only to an amount consistent with achievement of the desired
726	726	future condition and the applicable effective findings related to
727	727	the zone designation at the time the permit expires.
728	728	(c) A district may not amend an existing permit to produce
729	729	groundwater from a zone during the term of the permit because of an
730	730	amendment to increase or decrease the size of a zone, or to
731	731	undesignate a previously designated zone.
732	732	(d) During the pendency of an amendment to a brackish
733	733	groundwater production zone, an existing permit holder may continue
734	734	to produce groundwater under the terms of the existing permit until
735	735	the permit has been amended after a final decision on the amendment
736	736	to the zone has been issued by the district under Section 36.506,
737	737	or if the decision of the district is appealed, until a final
738	738	decision has been issued by the Texas Water Development Board under
739	739	Section 36.507.
740	740	(e) A district may not by rule or an amendment to a rule
741	741	reduce the amount or rate of groundwater that may be produced under
742	742	an existing permit to produce groundwater from a zone in a manner
743	743	that the district would not be authorized to reduce by permit
744	744	amendment under this section.
745	745	Sec. 36.515. MANANAGEMENT OF BRACKISH GROUNDWATER BY A
746	746	DISTRICT OR THROUGH JOINT PLANNING. (a) Nothing in this subchapter
747	747	shall be construed to prohibit:
748	748	(1) a district, on its own initiative, from managing
749	749	the groundwater resources as authorized by this chapter in a
750	750	groundwater reservoir, subdivision of a groundwater reservoir, or
751	751	area of a groundwater reservoir or subdivision of a groundwater
752	752	reservoir described by Section 36.501(b); or
753	753	(2) the establishment of a desired future condition
754	754	through the joint planning process described under Section 36.108
755	755	for a groundwater reservoir, subdivision of a groundwater
756	756	reservoir, or area of a groundwater reservoir or subdivision of a
757	757	groundwater reservoir described by Section 36.501(b).
758	758	(b) Notwithstanding Subsection (a), a person may petition a
759	759	district or districts for the designation of a brackish groundwater
760	760	production zone in the manner prescribed by this subchapter
761	761	regardless of whether:
762	762	(1) a district is already managing all or part of the
763	763	groundwater resources located in the proposed zone; or
764	764	(2) there is a desired future condition adopted for
765	765	all or part of the groundwater resources located within the
766	766	proposed zone.
767	767	Sec. 36.516. MANAGEMENT OF BRACKISH GROUNDWATER RESOURCES
768	768	TO PROMOTE USE; EXPLORATION OR PRODUCTION OF HYDROCARBONS. (a)
769	769	This subchapter does not affect the exemptions related to
770	770	hydrocarbon activities as set forth under Section 36.117.
771	771	(b) In order to promote the utilization of brackish
772	772	groundwater resources, a district may establish special rules that
773	773	are less restrictive administratively or with regard to the amount
774	774	of groundwater that can be produced from a groundwater reservoir,
775	775	subdivision of a groundwater reservoir, or area of a groundwater
776	776	reservoir or subdivision of a groundwater reservoir that contains
777	777	brackish groundwater than the district's rules are with respect to
778	778	the administration, management, and production of non-brackish
779	779	groundwater resources for any beneficial purpose of use, including
780	780	use related to activities associated with the drilling,
781	781	exploration, or production of hydrocarbons.
782	782	(c) A district may not adopt rules under this section that
783	783	are more restrictive on a person producing groundwater for
784	784	activities related to the drilling, exploration, or production of
785	785	hydrocarbons than on a person producing groundwater for other
786	786	purposes of use, but may adopt rules that are less restrictive.
787	787	Sec. 36.517. MANDAMUS. A district court in in a court of
788	788	competent jurisdiction in any county in which the district or any
789	789	part of the district is located may issue a writ of mandamus to
790	790	compel a district to perform the following:
791	791	(a) act on a petition for designation of a brackish
792	792	groundwater production zone within the times frames established in
793	793	Section 36.504; or
794	794	(b) issue a permit for a well located in a brackish
795	795	groundwater production zone pursuant to Section 36.508 based on an
796	796	application that is consistent with the designation of the
797	797	brackish groundwater production zone and the rules of the district
798	798	as described under Section 36.509(a).
799	799	Sec. 36.518. CONFLICTS WITH OTHER SUBCHAPTERS. If a
800	800	provision in this subchapter conflicts with a provision of another
801	801	subchapter under this chapter, the provision in this subchapter
802	802	prevails.
803	803	SECTION 12. No later than January 1, 2016, the Texas Water
804	804	Development Board shall adopt rules to implement the changes in law
805	805	to Chapters 16 and 36, Water Code, as amended by this Act.
806	806	SECTION 13. This Act takes effect immediately if it
807	807	receives a vote of two-thirds of all the members elected to each
808	808	house, as provided by Section 39, Article III, Texas Constitution.
809	809	If this Act does not receive the vote necessary for immediate
810	810	effect, this Act takes effect September 1, 2015.