85R8593 SLB-F
By: Larson H.B. No. 2377
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. 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) A district located over any part of a designated
brackish groundwater production zone that receives a petition from
a person with a legally defined interest in groundwater in the
district shall adopt rules to govern 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 district
must adopt the rules not later than the 180th day after the date the
district receives the petition. The rules must:
(1) allow withdrawals and rates of withdrawal of
brackish groundwater from a designated brackish groundwater
production zone not to exceed and consistent with the withdrawal
amounts identified in Section 16.060(e);
(2) provide for a minimum term of 30 years for a permit
issued for a well that produces brackish groundwater from a
designated brackish groundwater production zone;
(3) allow reasonable monitoring of an aquifer,
subdivision of an aquifer, or geologic stratum adjacent to a
designated brackish groundwater production zone consistent with
those required for fresh groundwater production;
(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 from the holder of a permit issued under
rules adopted under this section reports 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withdrawn;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brackish groundwater withdrawn; and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 in an adjacent
freshwater aquifer that were not anticipated by the Texas Water
Development Board in the designation of the zone; or
(2) negative effects on quality of water in an
aquifer, subdivision of an aquifer, or geologic stratum.
(d) After receiving from the Texas Water Development Board a
report issued under Subsection (c) and after notice and hearing,
the district may:
(1) amend the applicable permit to establish a
production limit necessary to mitigate any negative effects
identified by the report;
(2) approve a mitigation plan that alleviates any
negative effects identified by the report; or
(3) both amend the permit to establish a production
limit and approve a mitigation plan.
SECTION 2. 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 3. 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 4. This Act takes effect September 1, 2017.