BILL ANALYSIS Senate Research Center S.B. 2658 89R6008 JBD-D By: Perry Water, Agriculture and Rural Affairs 4/9/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under existing law, the Texas Water Development Board (TWDB) studies brackish aquifers and identifies "brackish groundwater production zones" (BGPZ)areas of the state with moderate to high availability of brackish groundwater that can be used in place of fresh groundwater. During the May 15, 2024, interim hearing of the Texas Senate Committee on Water, Agriculture, and Rural Affairs, TWDB testified that 3.2 billion acre-feet of brackish groundwater had been assessed by the brackish aquifer studies the agency had completed to that point in time. TWDB staff further confirmed that most areas of the state have access to brackish groundwater. To further incentivize the use of brackish groundwater as an alternative to fresh groundwater, S.B. 2658 exempts brackish water wells located within a BGPZ from the requirement to obtain a production permit from a groundwater conservation district, provided the operator of the well provides the district with documentation that the well produces water with an average total dissolved solids concentration of at least 3,000 milligrams per liter. As proposed, S.B. 2658 amends current law relating to an exemption from the requirement to obtain a permit from a groundwater conservation district for certain brackish groundwater wells. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 36.117(b) and (d), Water Code, as follows: (b) Requires a groundwater conservation district (district), except as provided by Section 36.117 (Exemptions; Exception; Limitations), to provide an exemption from the district requirement to obtain a permit for certain actions, including drilling or operating a well for the withdrawal of groundwater from a designated brackish groundwater production zone, as defined by Section 36.1015 (Rules For Permits in Brackish Groundwater Production Zones), if the operator of the well provides the district with documentation from a licensed water well driller or another similarly qualified third party showing that the well produces water with an average total dissolved solids concentration of at least 3,000 milligrams per liter. Makes nonsubstantive changes. (d) Authorizes a district to cancel a previously granted exemption and to require an operating permit for or restrict production from a well and assess any appropriate fees if certain conditions are met, including, for groundwater withdrawals that were exempted under Subsection (b)(5) (relating to the exemptions to the requirement for a permit for the withdrawal of groundwater from certain wells in a designated brackish groundwater production zone), the withdrawals are no longer from a designated brackish groundwater production zone, as defined by Section 36.1015 or the groundwater produced has an average total dissolved solids concentration of less than 3,000 milligrams per liter. Makes nonsubstantive changes. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2658
89R6008 JBD-D By: Perry
Water, Agriculture and Rural Affairs
4/9/2025
As Filed
Senate Research Center
S.B. 2658
89R6008 JBD-D
By: Perry
Water, Agriculture and Rural Affairs
4/9/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under existing law, the Texas Water Development Board (TWDB) studies brackish aquifers and identifies "brackish groundwater production zones" (BGPZ)areas of the state with moderate to high availability of brackish groundwater that can be used in place of fresh groundwater. During the May 15, 2024, interim hearing of the Texas Senate Committee on Water, Agriculture, and Rural Affairs, TWDB testified that 3.2 billion acre-feet of brackish groundwater had been assessed by the brackish aquifer studies the agency had completed to that point in time. TWDB staff further confirmed that most areas of the state have access to brackish groundwater.
To further incentivize the use of brackish groundwater as an alternative to fresh groundwater, S.B. 2658 exempts brackish water wells located within a BGPZ from the requirement to obtain a production permit from a groundwater conservation district, provided the operator of the well provides the district with documentation that the well produces water with an average total dissolved solids concentration of at least 3,000 milligrams per liter.
As proposed, S.B. 2658 amends current law relating to an exemption from the requirement to obtain a permit from a groundwater conservation district for certain brackish groundwater wells.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 36.117(b) and (d), Water Code, as follows:
(b) Requires a groundwater conservation district (district), except as provided by Section 36.117 (Exemptions; Exception; Limitations), to provide an exemption from the district requirement to obtain a permit for certain actions, including drilling or operating a well for the withdrawal of groundwater from a designated brackish groundwater production zone, as defined by Section 36.1015 (Rules For Permits in Brackish Groundwater Production Zones), if the operator of the well provides the district with documentation from a licensed water well driller or another similarly qualified third party showing that the well produces water with an average total dissolved solids concentration of at least 3,000 milligrams per liter. Makes nonsubstantive changes.
(d) Authorizes a district to cancel a previously granted exemption and to require an operating permit for or restrict production from a well and assess any appropriate fees if certain conditions are met, including, for groundwater withdrawals that were exempted under Subsection (b)(5) (relating to the exemptions to the requirement for a permit for the withdrawal of groundwater from certain wells in a designated brackish groundwater production zone), the withdrawals are no longer from a designated brackish groundwater production zone, as defined by Section 36.1015 or the groundwater produced has an average total dissolved solids concentration of less than 3,000 milligrams per liter. Makes nonsubstantive changes.
SECTION 2. Effective date: September 1, 2025.