86R4412 SLB-F
By: Larson H.B. No. 724
A BILL TO BE ENTITLED
AN ACT
relating to the authorization by the Texas Commission on
Environmental Quality of the discharge, diversion, and transfer or
other reuse of treated brackish groundwater and return flows
derived from treated brackish groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.042, Water Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) The commission shall grant an authorization to
discharge water into a watercourse or stream and then subsequently
divert and reuse the water, less carriage losses, if:
(1) the water is treated brackish groundwater or
return flows derived from treated brackish groundwater; and
(2) the person is authorized under Chapter 26 to
discharge the water into the watercourse or stream.
SECTION 2. Section 11.085, Water Code, is amended by adding
Subsection (u-1) and amending Subsection (v) to read as follows:
(u-1) The commission shall grant a water right or an
amendment to a permit, certified filing, or certificate of
adjudication described by Subsection (a) to an applicant who
proposes to divert treated brackish groundwater or return flows
derived from treated brackish groundwater and transfer the water to
another river basin, provided that the applicant has obtained
authorization under Section 11.042(b-1) to discharge the water into
a watercourse or stream in the basin of origin and then subsequently
divert and reuse the water.
(v) The provisions of this section, except Subsection (a),
do not apply to:
(1) a proposed transfer which in combination with any
existing transfers totals less than 3,000 acre-feet of water per
annum from the same permit, certified filing, or certificate of
adjudication;
(2) a request for an emergency transfer of water;
(3) a proposed transfer from a basin to its adjoining
coastal basin;
(4) a proposed transfer from the part of the
geographic area of a county or municipality, or the part of the
retail service area of a retail public utility as defined by Section
13.002, that is within the basin of origin for use in that part of
the geographic area of the county or municipality, or that
contiguous part of the retail service area of the utility, not
within the basin of origin; [or]
(5) a proposed transfer of water that is:
(A) imported from a source located wholly outside
the boundaries of this state, except water that is imported from a
source located in the United Mexican States;
(B) for use in this state; and
(C) transported by using the bed and banks of any
flowing natural stream located in this state; or
(6) a proposed transfer of water described by
Subsection (u-1).
SECTION 3. The change in law made by this Act to Section
11.042, Water Code, applies only to an application for an
authorization to discharge and then subsequently divert and reuse
treated brackish groundwater or return flows derived from treated
brackish groundwater that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application that is filed before the effective date of this Act
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4. The changes in law made by this Act to Section
11.085, Water Code, apply only to an application for a water right
or an amendment to a permit, certified filing, or certificate of
adjudication authorizing an interbasin transfer of water that is
filed with the Texas Commission on Environmental Quality on or
after the effective date of this Act. An application that is filed
before the effective date of this Act is governed by the law as it
existed immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.