Texas 2025 - 89th Regular

Texas Senate Bill SB2658 Compare Versions

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1	1	By: Perry S.B. No. 2658
2	2	(In the Senate - Filed March 13, 2025; April 3, 2025, read
3	3	first time and referred to Committee on Water, Agriculture and
4	4	Rural Affairs; April 22, 2025, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 7, Nays 0;
6	6	April 22, 2025, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 2658 By: Perry
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13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	relating to the production and study of brackish groundwater.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Sections 16.060(b) and (e), Water Code, are
18	18	amended to read as follows:
19	19	(b) The board shall prepare a biennial progress report on
20	20	the implementation of seawater or brackish groundwater
21	21	desalination activities in the state and shall submit it to the
22	22	governor, lieutenant governor, and speaker of the house of
23	23	representatives not later than December 1 of each even-numbered
24	24	year. The report shall include:
25	25	(1) results of the board's studies and activities
26	26	relative to seawater or brackish groundwater desalination during
27	27	the preceding biennium;
28	28	(2) identification and evaluation of research,
29	29	regulatory, technical, and financial impediments to the
30	30	implementation of seawater or brackish groundwater desalination
31	31	projects;
32	32	(3) evaluation of the role the state should play in
33	33	furthering the development of large-scale seawater or brackish
34	34	groundwater desalination projects in the state;
35	35	(4) the anticipated appropriation from general
36	36	revenues necessary to continue investigating water desalination
37	37	activities in the state during the next biennium; and
38	38	(5) identification and designation of local or
39	39	regional brackish groundwater production zones in areas of the
40	40	state with moderate to high availability and productivity of
41	41	brackish groundwater that can be used to reduce the use of fresh
42	42	groundwater and that:
43	43	(A) are separated by hydrogeologic barriers
44	44	sufficient to prevent significant impacts to water availability or
45	45	water quality in any area of the same or other aquifers,
46	46	subdivisions of aquifers, or geologic strata that have an average
47	47	total dissolved solids level of 1,000 milligrams per liter or less
48	48	at the time of designation of the zones; and
49	49	(B) are not located in:
50	50	(i) an area of the Edwards Aquifer subject
51	51	to the jurisdiction of the Edwards Aquifer Authority;
52	52	(ii) the boundaries of the:
53	53	(a) Barton Springs-Edwards Aquifer
54	54	Conservation District;
55	55	(b) Harris-Galveston Subsidence
56	56	District; or
57	57	(c) Fort Bend Subsidence District; or
58	58	(iii) an aquifer, subdivision of an
59	59	aquifer, or geologic stratum that:
60	60	(a) has an average total dissolved
61	61	solids level of more than 1,000 milligrams per liter; and
62	62	(b) is serving as a significant source
63	63	of water supply for municipal, domestic, or agricultural purposes
64	64	at the time of designation of the zones[; or
65	65	[(iv) an area of a geologic stratum that is
66	66	designated or used for wastewater injection through the use of
67	67	injection wells or disposal wells permitted under Chapter 27].
68	68	(e) In designating a brackish groundwater production zone
69	69	under this section, the board shall:
70	70	(1) determine the amount of brackish groundwater that
71	71	the zone is capable of producing over a 30-year period and a 50-year
72	72	period without causing a significant impact to water availability
73	73	or water quality as described by Subsection (b)(5)(A); and
74	74	(2) include in the designation description:
75	75	(A) the amounts of brackish groundwater that the
76	76	zone is capable of producing during the periods described by
77	77	Subdivision (1); [and]
78	78	(B) recommendations regarding reasonable
79	79	monitoring to observe the effects of brackish groundwater
80	80	production within the zone; and
81	81	(C) an allocation of the available amounts of
82	82	brackish groundwater identified in Paragraph (A) to each
83	83	groundwater conservation district and county located in the zone.
84	84	SECTION 2. Section 36.117, Water Code, is amended by
85	85	amending Subsections (b) and (d) and adding Subsections (e-1),
86	86	(e-2), and (k-1) to read as follows:
87	87	(b) Except as provided by this section, a district shall
88	88	provide an exemption from the district requirement to obtain a
89	89	permit for:
90	90	(1) drilling or operating a well used solely for
91	91	domestic use or for providing water for livestock or poultry if the
92	92	well is:
93	93	(A) located or to be located on a tract of land
94	94	larger than 10 acres; and
95	95	(B) drilled, completed, or equipped so that it is
96	96	incapable of producing more than 25,000 gallons of groundwater a
97	97	day;
98	98	(2) drilling a water well used solely to supply water
99	99	for a rig that is actively engaged in drilling or exploration
100	100	operations for an oil or gas well permitted by the Railroad
101	101	Commission of Texas provided that the person holding the permit is
102	102	responsible for drilling and operating the water well and the water
103	103	well is located on the same lease or field associated with the
104	104	drilling rig;
105	105	(3) drilling a water well authorized under a permit
106	106	issued by the Railroad Commission of Texas under Chapter 134,
107	107	Natural Resources Code, or for production from the well to the
108	108	extent the withdrawals are required for mining activities
109	109	regardless of any subsequent use of the water; [or]
110	110	(4) drilling a water well for temporary use to supply
111	111	water for a rig that is actively engaged in drilling a groundwater
112	112	production well permitted by the district; or
113	113	(5) drilling or operating a well for the withdrawal of
114	114	groundwater from a designated brackish groundwater production
115	115	zone, as defined by Section 36.1015, if:
116	116	(A) the operator of the well provides the
117	117	district with documentation:
118	118	(i) from an environmental testing
119	119	laboratory accredited under commission rules for water quality
120	120	analysis in permitting decisions demonstrating that the well
121	121	produces water with a total dissolved solids concentration of at
122	122	least 3,000 milligrams per liter; and
123	123	(ii) showing that the operator has acquired
124	124	a real property interest in the groundwater described by this
125	125	paragraph underlying the tracts of land within the spacing area
126	126	assigned to the well or the spacing distances required for the
127	127	drilling of other wells, as applicable, under the well spacing
128	128	rules of the district; and
129	129	(B) total brackish groundwater production from
130	130	the area of the designated brackish groundwater production zone
131	131	located in the district would not exceed the applicable estimated
132	132	withdrawal amounts allocated to the district by the Texas Water
133	133	Development Board pursuant to Section 16.060(e)(2)(C).
134	134	(d) A district may cancel a previously granted exemption and
135	135	may require an operating permit for or restrict production from a
136	136	well and assess any appropriate fees if:
137	137	(1) the groundwater withdrawals that were exempted
138	138	under Subsection (b)(1) are no longer used solely for domestic use
139	139	or to provide water for livestock or poultry;
140	140	(2) the groundwater withdrawals that were exempted
141	141	under Subsection (b)(2) are no longer used solely to supply water
142	142	for a rig that is actively engaged in drilling or exploration
143	143	operations for an oil or gas well permitted by the Railroad
144	144	Commission of Texas;
145	145	(3) the groundwater withdrawals that were exempted
146	146	under Subsection (b)(3) are no longer necessary for mining
147	147	activities or are greater than the amount necessary for mining
148	148	activities specified in the permit issued by the Railroad
149	149	Commission of Texas under Chapter 134, Natural Resources Code; [or]
150	150	(4) the groundwater withdrawals that were exempted
151	151	under Subsection (b)(4) are no longer used solely to supply water
152	152	for a rig that is actively engaged in drilling a groundwater
153	153	production well permitted by the district; or
154	154	(5) for groundwater withdrawals that were exempted
155	155	under Subsection (b)(5):
156	156	(A) the withdrawals are no longer from a
157	157	designated brackish groundwater production zone, as defined by
158	158	Section 36.1015; or
159	159	(B) the groundwater produced no longer has an
160	160	average total dissolved solids concentration of 3,000 milligrams
161	161	per liter or more.
162	162	(e-1) A person owning or operating a well withdrawing water
163	163	from a brackish groundwater production zone that is exempt from the
164	164	requirement to obtain a permit under Subsection (b)(5) shall:
165	165	(1) implement a monitoring system approved by the
166	166	district that accomplishes the purposes of Sections 36.1015(e)(4)
167	167	and (5); and
168	168	(2) submit an annual report to the district that
169	169	contains the information required by Section 36.1015(e)(6).
170	170	(e-2) Before approving a proposed monitoring system under
171	171	Subsection (e-1), the district shall consult with the Texas Water
172	172	Development Board to ensure that the proposed monitoring system
173	173	aligns with the recommendations provided under Section
174	174	16.060(e)(2)(B) and with Sections 36.1015(e)(4) and (5). The
175	175	district shall provide each report required under Subsection
176	176	(e-1)(2) to the development board.
177	177	(k-1) Notwithstanding Subsection (k) or any other law, a
178	178	district may not subject water withdrawn from a well exempted from a
179	179	permit requirement by Subsection (b)(5) to a transport or export
180	180	fee.
181	181	SECTION 3. Section 36.205, Water Code, is amended by adding
182	182	Subsection (h) to read as follows:
183	183	(h) A district may not assess a production fee under this
184	184	section for any water produced under an exemption under Section
185	185	36.117(b)(5).
186	186	SECTION 4. Sections 36.117(k-1) and 36.205(h), Water Code,
187	187	as added by this Act, apply only to water withdrawn from a well on or
188	188	after the effective date of this Act. Water withdrawn from a well
189	189	before the effective date of this Act is governed by the law in
190	190	effect on the date the water is withdrawn, and the former law is
191	191	continued in effect for that purpose.
192	192	SECTION 5. This Act takes effect September 1, 2025.
193	193	* * * * *