Texas 2019 - 86th Regular

Texas House Bill HB720 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 720
	1	+	By: Larson (Senate Sponsor - Perry) H.B. No. 720
	2	+	(In the Senate - Received from the House May 1, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 15, 2019, reported favorably by the following
	5	+	vote: Yeas 6, Nays 1; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to appropriations of water for recharge of aquifers and
6	12		use in aquifer storage and recovery projects.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Sections 11.023(a) and (d), Water Code, are
9	15		amended to read as follows:
10	16		(a) To the extent that state water has not been set aside by
11	17		the commission under Section 11.1471(a)(2) to meet downstream
12	18		instream flow needs or freshwater inflow needs, state water may be
13	19		appropriated, stored, or diverted for:
14	20		(1) domestic and municipal uses, including water for
15	21		sustaining human life and the life of domestic animals;
16	22		(2) agricultural uses and industrial uses, meaning
17	23		processes designed to convert materials of a lower order of value
18	24		into forms having greater usability and commercial value, including
19	25		the development of power by means other than hydroelectric;
20	26		(3) mining and recovery of minerals;
21	27		(4) hydroelectric power;
22	28		(5) navigation;
23	29		(6) recreation and pleasure;
24	30		(7) public parks; [and]
25	31		(8) game preserves; and
26	32		(9) recharge into an aquifer underlying this state
27	33		other than an aquifer described under Subsection (c) through
28	34		surface infiltration or an aquifer recharge project as defined by
29	35		Section 27.201.
30	36		(d) When it is put or allowed to sink into the ground, water
31	37		appropriated under Subsections (a)(9) and [Subsection] (c) [of
32	38		this section] loses its character and classification as state
33	39		water, storm water, or floodwater and is considered percolating
34	40		groundwater.
35	41		SECTION 2. Subchapter D, Chapter 11, Water Code, is amended
36	42		by adding Sections 11.157 and 11.158 to read as follows:
37	43		Sec. 11.157. WATER FOR USE AS AQUIFER RECHARGE OR IN AN
38	44		AQUIFER STORAGE AND RECOVERY PROJECT. (a) Unappropriated water,
39	45		including storm water and floodwater, may be appropriated for
40	46		recharge into an aquifer underlying this state, including an
41	47		aquifer recharge project as defined by Section 27.201. Water
42	48		appropriated for diversion and a beneficial use may be stored in an
43	49		aquifer storage and recovery project, as defined by Section 27.151,
44	50		before the water is recovered for that beneficial use.
45	51		(b) The commission may authorize the appropriation of water
46	52		under Subsection (a) if the commission determines that:
47	53		(1) the water is not needed under Section 11.147 or
48	54		11.1471(a)(2), as applicable, to meet downstream instream flow
49	55		needs or freshwater inflow needs;
50	56		(2) the appropriation will accomplish a purpose
51	57		established by Section 11.023; and
52	58		(3) the application for the water right or amendment
53	59		to the water right complies with Subsection (c).
54	60		(c) A water right or an amendment to a water right
55	61		authorizing a new appropriation of water for use under Subsection
56	62		(a):
57	63		(1) must comply with the requirements of Section
58	64		11.134;
59	65		(2) must include any special conditions the commission
60	66		considers necessary to implement this section; and
61	67		(3) may be for water that is not continuously
62	68		available.
63	69		(d) Before approving an application for a water right or an
64	70		amendment to a water right for a new appropriation of water in the
65	71		Rio Grande basin under this section, the commission shall consider
66	72		the water accounting requirements for any international water
67	73		sharing treaty, minutes, and agreement applicable to the Rio Grande
68	74		basin and the effect of the project on the allocation of water by
69	75		the Rio Grande watermaster in the middle and lower Rio Grande. The
70	76		commission may not authorize a new appropriation of water that
71	77		would result in a violation of a treaty or court decision.
72	78		(e) An application for a water right or an amendment to a
73	79		water right under this section is subject to the motion and hearing
74	80		requirements of this subchapter.
75	81		(f) Not later than the 180th day after the date the
76	82		commission determines that a water right or an amendment to a water
77	83		right under this section is administratively complete, the
78	84		commission shall complete a technical review of the application.
79	85		(g) The commission shall adopt rules providing for the
80	86		considerations for determining the frequency that the water must be
81	87		available before it may be appropriated.
82	88		Sec. 11.158. AMENDMENT TO CONVERT USE FROM RESERVOIR
83	89		STORAGE TO AQUIFER STORAGE AND RECOVERY. (a) In this section,
84	90		"aquifer storage and recovery project" has the meaning assigned by
85	91		Section 27.151.
86	92		(b) A holder of a water right that authorizes the storage of
87	93		water for a beneficial use in a reservoir that has not been
88	94		constructed may file an application to amend the water right to
89	95		remove the authorization for storage in a reservoir provided that
90	96		the water diverted under the right will be stored in an aquifer
91	97		storage and recovery project authorized under Section 27.153 for
92	98		later retrieval and use as authorized by the original water right.
93	99		(c) An application for an amendment to a water right
94	100		described by Subsection (b) may request an increase in the amount of
95	101		water that may be diverted or the rate of diversion on the basis of
96	102		an evaporation credit that takes into account the amount of water
97	103		that would have evaporated if the storage reservoir had been
98	104		constructed.
99	105		(d) A holder of a water right authorizing an appropriation
100	106		of water for storage in a storage reservoir that has lost storage
101	107		because of sedimentation, as determined by a survey performed by
102	108		the board, may file an application for an amendment to the water
103	109		right to change the use or purpose for which the appropriation is to
104	110		be made from storage by diversion to storage as part of an aquifer
105	111		storage and recovery project for later retrieval and use as
106	112		authorized by the original water right in an amount equal to all or
107	113		part of the amount of water yield lost to sedimentation.
108	114		(e) An application for an amendment to a water right
109	115		described by Subsection (b) is exempt from any notice and hearing
110	116		requirements of a statute, commission rule, or permit condition and
111	117		may not be referred to the State Office of Administrative Hearings
112	118		for a contested case hearing if the requested change will not cause
113	119		a negative effect on other water rights holders or the environment
114	120		that is greater than the effect that the original permit would have
115	121		had were the permit rights exercised to the full extent of the
116	122		original permit.
117	123		(f) An application for an amendment to a water right
118	124		described by Subsection (c) or (d) is subject to the notice and
119	125		hearing requirements of this chapter.
120	126		(g) If the commission grants an application for an amendment
121	127		to a water right described by Subsection (c) or (d), the commission
122	128		shall include in the amendment any special conditions the
123	129		commission considers necessary to:
124	130		(1) protect existing water rights; and
125	131		(2) comply with any applicable requirements
126	132		established under Section 11.147 or 11.1471.
127	133		(h) The commission may adopt rules providing an expedited
128	134		procedure for acting on an application for an amendment to a water
129	135		right described by Subsection (b) and the procedures to file and act
130	136		on an application for an amendment to a water right described by
131	137		Subsection (c) or (d).
132	138		SECTION 3. Chapter 27, Water Code, is amended by adding
133	139		Subchapter H to read as follows:
134	140		SUBCHAPTER H. AQUIFER RECHARGE PROJECTS
135	141		Sec. 27.201. DEFINITIONS. In this subchapter:
136	142		(1) "Aquifer recharge project" means a project
137	143		involving the intentional recharge of an aquifer by means of an
138	144		injection well authorized under this chapter or other means of
139	145		infiltration, including actions designed to:
140	146		(A) reduce declines in the water level of the
141	147		aquifer;
142	148		(B) supplement the quantity of groundwater
143	149		available;
144	150		(C) improve water quality in an aquifer;
145	151		(D) improve spring flows and other interactions
146	152		between groundwater and surface water; or
147	153		(E) mitigate subsidence.
148	154		(2) "Native groundwater" means the groundwater
149	155		naturally occurring in a geologic formation.
150	156		(3) "Project operator" means a person holding an
151	157		authorization under this subchapter to undertake an aquifer
152	158		recharge project.
153	159		(4) "Recharge injection well" means a Class V
154	160		injection well used for the injection of water into a geologic
155	161		formation for an aquifer recharge project, including an improved
156	162		sinkhole or cave connected to an aquifer.
157	163		Sec. 27.202. JURISDICTION. The commission has exclusive
158	164		jurisdiction over the regulation and permitting of recharge
159	165		injection wells.
160	166		Sec. 27.203. AUTHORIZATION FOR USE OF CLASS V INJECTION
161	167		WELLS. (a) The commission may authorize the use of a Class V
162	168		injection well as a recharge injection well:
163	169		(1) by rule;
164	170		(2) under an individual permit; or
165	171		(3) under a general permit.
166	172		(b) In adopting a rule or issuing a permit under this
167	173		section, the commission shall consider:
168	174		(1) whether the injection of water will comply with
169	175		the standards established by the federal Safe Drinking Water Act
170	176		(42 U.S.C. Section 300f et seq.);
171	177		(2) the effect of the aquifer recharge project on
172	178		existing water wells; and
173	179		(3) whether the introduction of water into the
174	180		receiving geologic formation will alter the physical, chemical, or
175	181		biological quality of the native groundwater to a degree that
176	182		would:
177	183		(A) render the groundwater produced from the
178	184		receiving geologic formation harmful or detrimental to people,
179	185		animals, vegetation, or property; or
180	186		(B) require an unreasonably higher level of
181	187		treatment of the groundwater produced from the receiving geologic
182	188		formation than is necessary for the native groundwater to render
183	189		the groundwater suitable for beneficial use.
184	190		(c) The commission by rule shall provide for public notice
185	191		and comment on a proposed general permit authorized under this
186	192		section. The commission shall require an applicant for an
187	193		individual permit authorized under this section to provide notice
188	194		of the application by first class mail to any groundwater
189	195		conservation district in which the wells associated with the
190	196		aquifer recharge project will be located and by publishing notice
191	197		in a newspaper of general circulation in the county in which the
192	198		wells will be located.
193	199		Sec. 27.204. TECHNICAL STANDARDS. (a) The commission shall
194	200		adopt technical standards governing the approval of the use of a
195	201		Class V injection well as a recharge injection well.
196	202		(b) The commission may not adopt or enforce groundwater
197	203		quality protection standards for the quality of water injected into
198	204		a recharge injection well that are more stringent than applicable
199	205		federal standards.
200	206		Sec. 27.205. REPORTING OF INJECTION VOLUMES. (a) A project
201	207		operator shall install a meter on each recharge injection well
202	208		associated with the aquifer recharge project.
203	209		(b) Each calendar year, the project operator shall provide
204	210		to the commission a written or electronic report showing for the
205	211		preceding calendar year the volume of water injected for recharge.
206	212		Sec. 27.206. REPORTING OF WATER QUALITY DATA. A project
207	213		operator shall:
208	214		(1) perform water quality testing annually on water to
209	215		be injected into a geologic formation as part of the aquifer
210	216		recharge project; and
211	217		(2) provide the results of the testing described by
212	218		Subdivision (1) in written or electronic form to the commission.
213	219		Sec. 27.207. OTHER LAWS NOT AFFECTED. (a) This subchapter
214	220		does not affect the ability to regulate an aquifer recharge project
215	221		as authorized under:
216	222		(1) Chapter 626, Acts of the 73rd Legislature, Regular
217	223		Session, 1993, for the Edwards Aquifer Authority;
218	224		(2) Chapter 8801, Special District Local Laws Code,
219	225		for the Harris-Galveston Subsidence District;
220	226		(3) Chapter 8834, Special District Local Laws Code,
221	227		for the Fort Bend Subsidence District;
222	228		(4) Chapter 8802, Special District Local Laws Code,
223	229		for the Barton Springs-Edwards Aquifer Conservation District; or
224	230		(5) Chapter 8811, Special District Local Laws Code,
225	231		for the Corpus Christi Aquifer Storage and Recovery Conservation
226	232		District.
227	233		(b) This subchapter does not affect the authority of the
228	234		commission regarding:
229	235		(1) recharge projects in certain portions of the
230	236		Edwards underground reservoir under Sections 11.023(c) and (d);
231	237		(2) injection wells that transect or terminate in
232	238		certain portions of the Edwards Aquifer under Section 27.0516; or
233	239		(3) aquifer storage and recovery projects under
234	240		Section 11.155 or Subchapter G of this chapter.
235	241		SECTION 4. Not later than June 1, 2020, the Texas Commission
236	242		on Environmental Quality shall adopt rules to implement Sections
237	243		11.157 and 11.158, Water Code, as added by this Act, and Subchapter
238	244		H, Chapter 27, Water Code, as added by this Act.
239	245		SECTION 5. This Act takes effect immediately if it receives
240	246		a vote of two-thirds of all the members elected to each house, as
241	247		provided by Section 39, Article III, Texas Constitution. If this
242	248		Act does not receive the vote necessary for immediate effect, this
243	249		Act takes effect September 1, 2019.
244		-	______________________________ ______________________________
245		-	President of the Senate Speaker of the House
246		-	I certify that H.B. No. 720 was passed by the House on May 1,
247		-	2019, by the following vote: Yeas 135, Nays 3, 2 present, not
248		-	voting.
249		-	______________________________
250		-	Chief Clerk of the House
251		-	I certify that H.B. No. 720 was passed by the Senate on May
252		-	22, 2019, by the following vote: Yeas 25, Nays 6.
253		-	______________________________
254		-	Secretary of the Senate
255		-	APPROVED: _____________________
256		-	Date
257		-	_____________________
258		-	Governor
	250	+	* * * * *