| 1 | 1 | | 86R4412 SLB-F |
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| 2 | 2 | | By: Alvarado S.B. No. 1836 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authorization by the Texas Commission on |
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| 8 | 8 | | Environmental Quality of the discharge, diversion, and transfer or |
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| 9 | 9 | | other reuse of treated brackish groundwater and return flows |
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| 10 | 10 | | derived from treated brackish groundwater. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 11.042, Water Code, is amended by adding |
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| 13 | 13 | | Subsection (b-1) to read as follows: |
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| 14 | 14 | | (b-1) The commission shall grant an authorization to |
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| 15 | 15 | | discharge water into a watercourse or stream and then subsequently |
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| 16 | 16 | | divert and reuse the water, less carriage losses, if: |
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| 17 | 17 | | (1) the water is treated brackish groundwater or |
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| 18 | 18 | | return flows derived from treated brackish groundwater; and |
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| 19 | 19 | | (2) the person is authorized under Chapter 26 to |
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| 20 | 20 | | discharge the water into the watercourse or stream. |
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| 21 | 21 | | SECTION 2. Section 11.085, Water Code, is amended by adding |
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| 22 | 22 | | Subsection (u-1) and amending Subsection (v) to read as follows: |
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| 23 | 23 | | (u-1) The commission shall grant a water right or an |
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| 24 | 24 | | amendment to a permit, certified filing, or certificate of |
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| 25 | 25 | | adjudication described by Subsection (a) to an applicant who |
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| 26 | 26 | | proposes to divert treated brackish groundwater or return flows |
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| 27 | 27 | | derived from treated brackish groundwater and transfer the water to |
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| 28 | 28 | | another river basin, provided that the applicant has obtained |
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| 29 | 29 | | authorization under Section 11.042(b-1) to discharge the water into |
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| 30 | 30 | | a watercourse or stream in the basin of origin and then subsequently |
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| 31 | 31 | | divert and reuse the water. |
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| 32 | 32 | | (v) The provisions of this section, except Subsection (a), |
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| 33 | 33 | | do not apply to: |
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| 34 | 34 | | (1) a proposed transfer which in combination with any |
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| 35 | 35 | | existing transfers totals less than 3,000 acre-feet of water per |
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| 36 | 36 | | annum from the same permit, certified filing, or certificate of |
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| 37 | 37 | | adjudication; |
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| 38 | 38 | | (2) a request for an emergency transfer of water; |
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| 39 | 39 | | (3) a proposed transfer from a basin to its adjoining |
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| 40 | 40 | | coastal basin; |
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| 41 | 41 | | (4) a proposed transfer from the part of the |
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| 42 | 42 | | geographic area of a county or municipality, or the part of the |
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| 43 | 43 | | retail service area of a retail public utility as defined by Section |
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| 44 | 44 | | 13.002, that is within the basin of origin for use in that part of |
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| 45 | 45 | | the geographic area of the county or municipality, or that |
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| 46 | 46 | | contiguous part of the retail service area of the utility, not |
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| 47 | 47 | | within the basin of origin; [or] |
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| 48 | 48 | | (5) a proposed transfer of water that is: |
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| 49 | 49 | | (A) imported from a source located wholly outside |
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| 50 | 50 | | the boundaries of this state, except water that is imported from a |
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| 51 | 51 | | source located in the United Mexican States; |
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| 52 | 52 | | (B) for use in this state; and |
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| 53 | 53 | | (C) transported by using the bed and banks of any |
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| 54 | 54 | | flowing natural stream located in this state; or |
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| 55 | 55 | | (6) a proposed transfer of water described by |
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| 56 | 56 | | Subsection (u-1). |
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| 57 | 57 | | SECTION 3. The change in law made by this Act to Section |
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| 58 | 58 | | 11.042, Water Code, applies only to an application for an |
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| 59 | 59 | | authorization to discharge and then subsequently divert and reuse |
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| 60 | 60 | | treated brackish groundwater or return flows derived from treated |
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| 61 | 61 | | brackish groundwater that is filed with the Texas Commission on |
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| 62 | 62 | | Environmental Quality on or after the effective date of this Act. |
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| 63 | 63 | | An application that is filed before the effective date of this Act |
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| 64 | 64 | | is governed by the law as it existed immediately before the |
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| 65 | 65 | | effective date of this Act, and that law is continued in effect for |
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| 66 | 66 | | that purpose. |
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| 67 | 67 | | SECTION 4. The changes in law made by this Act to Section |
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| 68 | 68 | | 11.085, Water Code, apply only to an application for a water right |
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| 69 | 69 | | or an amendment to a permit, certified filing, or certificate of |
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| 70 | 70 | | adjudication authorizing an interbasin transfer of water that is |
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| 71 | 71 | | filed with the Texas Commission on Environmental Quality on or |
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| 72 | 72 | | after the effective date of this Act. An application that is filed |
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| 73 | 73 | | before the effective date of this Act is governed by the law as it |
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| 74 | 74 | | existed immediately before the effective date of this Act, and that |
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| 75 | 75 | | law is continued in effect for that purpose. |
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| 76 | 76 | | SECTION 5. This Act takes effect September 1, 2019. |
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