Texas 2017 - 85th Regular

Texas House Bill HB3991 Compare Versions

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

Old	New	Differences
1	1	85R9091 SLB-F
2	2	By: Larson H.B. No. 3991
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to appropriations of water for use in aquifer storage and
8	8	recovery projects.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.153, Water Code, is amended by
11	11	amending Subsection (c) and adding Subsections (d), (e), and (f) to
12	12	read as follows:
13	13	(c) The [This section does not preclude the] commission may
14	14	consider [from considering] an aquifer storage and recovery project
15	15	to be a component of a project permitted under this chapter that is
16	16	not required to be based on the continuous availability of
17	17	historic, normal stream flow.
18	18	(d) An aquifer storage and recovery project may involve the
19	19	use of water derived from multiple sources, including a new
20	20	appropriation of water. Except as provided by Subsection (e), a
21	21	water right or an amendment to a water right authorizing a new
22	22	appropriation of water for use in an aquifer storage and recovery
23	23	project:
24	24	(1) must include any special conditions the commission
25	25	considers necessary to implement this section;
26	26	(2) may be for water that is not continuously
27	27	available;
28	28	(3) may authorize the diversion and use of excess
29	29	flows in a watercourse or stream that would otherwise flow into the
30	30	Gulf of Mexico; and
31	31	(4) may not interfere with or negatively affect:
32	32	(A) existing water rights in the same river basin
33	33	as the diversion point for the new appropriation; or
34	34	(B) applicable environmental flow standards
35	35	adopted under Section 11.1471.
36	36	(e) Before approving an application for a water right or an
37	37	amendment to a water right for a new appropriation of water in the
38	38	Rio Grande basin for an aquifer storage and recovery project, the
39	39	commission shall consider the water accounting requirements for any
40	40	international water sharing treaty, minutes, and agreement
41	41	applicable to the Rio Grande basin and the effect of the project on
42	42	the allocation of water by the Rio Grande watermaster in the middle
43	43	and lower Rio Grande. The commission may not authorize a new
44	44	appropriation of water that would result in a violation of a treaty
45	45	or court decision.
46	46	(f) The commission may adopt rules providing an expedited
47	47	procedure for acting on an application for a water right or an
48	48	amendment to a water right under this section.
49	49	SECTION 2. Subchapter D, Chapter 11, Water Code, is amended
50	50	by adding Section 11.156 to read as follows:
51	51	Sec. 11.156. AMENDMENT TO CONVERT USE FROM RESERVOIR
52	52	STORAGE TO AQUIFER STORAGE AND RECOVERY. (a) In this section,
53	53	"aquifer storage and recovery project" has the meaning assigned by
54	54	Section 27.151.
55	55	(b) A holder of a water right authorizing an appropriation
56	56	of water for storage in a storage reservoir that has not been
57	57	constructed may file an application for an amendment to the water
58	58	right to change the use or purpose for which the appropriation is to
59	59	be made to storage in an aquifer as part of an aquifer storage and
60	60	recovery project.
61	61	(c) An application for an amendment to a water right
62	62	described by Subsection (b) may request an increase in the amount of
63	63	water that may be diverted or the rate of diversion on the basis of
64	64	an evaporation credit that takes into account the amount of water
65	65	that would have evaporated if the storage reservoir had been
66	66	constructed.
67	67	(d) An application for an amendment to a water right
68	68	described by Subsection (b):
69	69	(1) is exempt from any notice and hearing requirements
70	70	of a statute, commission rule, or permit condition and may not be
71	71	referred to the State Office of Administrative Hearings for a
72	72	contested case hearing if the application does not request:
73	73	(A) an increase in the amount of water that may be
74	74	diverted or the rate of diversion; or
75	75	(B) a change in the diversion point; and
76	76	(2) is subject to the notice and hearing requirements
77	77	of this chapter if the application requests:
78	78	(A) an increase in the amount of water that may be
79	79	diverted or the rate of diversion, including an increase on the
80	80	basis of an evaporation credit; or
81	81	(B) a change in the diversion point.
82	82	(e) If the commission grants an application for an amendment
83	83	to a water right described by Subsection (d)(2), the commission
84	84	shall include in the amendment any special conditions the
85	85	commission considers necessary to:
86	86	(1) protect existing water rights; and
87	87	(2) comply with any applicable environmental flow
88	88	standards established under Section 11.1471.
89	89	(f) The commission may adopt rules providing an expedited
90	90	procedure for acting on an application for an amendment to a water
91	91	right described by Subsection (b).
92	92	SECTION 3. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2017.