Texas 2017 - 85th Regular

Texas House Bill HB2885 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R13449 SMH-F
2	2	By: Larson H.B. No. 2885
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authorization by the Texas Commission on
8	8	Environmental Quality of the discharge, diversion, and transfer or
9	9	other reuse of return flows derived from treated brackish
10	10	groundwater.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.042, Water Code, is amended by adding
13	13	Subsection (b-1) to read as follows:
14	14	(b-1) The commission shall grant an authorization described
15	15	by Subsection (b) if:
16	16	(1) the groundwater is treated brackish groundwater;
17	17	and
18	18	(2) the person is authorized under Chapter 26 to
19	19	discharge the groundwater into the watercourse or stream.
20	20	SECTION 2. Section 11.085, Water Code, is amended by adding
21	21	Subsection (u-1) and amending Subsection (v) to read as follows:
22	22	(u-1) The commission shall grant a water right or an
23	23	amendment to a permit, certified filing, or certificate of
24	24	adjudication described by Subsection (a) to an applicant who
25	25	proposes to divert the applicant's existing return flows from
26	26	treated brackish groundwater and transfer those flows to another
27	27	river basin.
28	28	(v) The provisions of this section, except Subsection (a),
29	29	do not apply to:
30	30	(1) a proposed transfer which in combination with any
31	31	existing transfers totals less than 3,000 acre-feet of water per
32	32	annum from the same permit, certified filing, or certificate of
33	33	adjudication;
34	34	(2) a request for an emergency transfer of water;
35	35	(3) a proposed transfer from a basin to its adjoining
36	36	coastal basin;
37	37	(4) a proposed transfer from the part of the
38	38	geographic area of a county or municipality, or the part of the
39	39	retail service area of a retail public utility as defined by Section
40	40	13.002, that is within the basin of origin for use in that part of
41	41	the geographic area of the county or municipality, or that
42	42	contiguous part of the retail service area of the utility, not
43	43	within the basin of origin; [or]
44	44	(5) a proposed transfer of water that is:
45	45	(A) imported from a source located wholly outside
46	46	the boundaries of this state, except water that is imported from a
47	47	source located in the United Mexican States;
48	48	(B) for use in this state; and
49	49	(C) transported by using the bed and banks of any
50	50	flowing natural stream located in this state; or
51	51	(6) a proposed transfer of water described by
52	52	Subsection (u-1).
53	53	SECTION 3. The change in law made by this Act to Section
54	54	11.042, Water Code, applies only to an application for an
55	55	authorization to discharge and then subsequently divert and reuse
56	56	the applicant's existing return flows derived from treated brackish
57	57	groundwater that is filed with the Texas Commission on
58	58	Environmental Quality on or after the effective date of this Act.
59	59	An application that is filed before the effective date of this Act
60	60	is governed by the law as it existed immediately before the
61	61	effective date of this Act, and that law is continued in effect for
62	62	that purpose.
63	63	SECTION 4. The changes in law made by this Act to Section
64	64	11.085, Water Code, apply only to an application for a water right
65	65	or an amendment to a permit, certified filing, or certificate of
66	66	adjudication authorizing an interbasin transfer of water that is
67	67	filed with the Texas Commission on Environmental Quality on or
68	68	after the effective date of this Act. An application that is filed
69	69	before the effective date of this Act is governed by the law as it
70	70	existed immediately before the effective date of this Act, and that
71	71	law is continued in effect for that purpose.
72	72	SECTION 5. This Act takes effect September 1, 2017.