Bill Text: TX SB1760 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the development of brackish groundwater.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - Left pending in committee [SB1760 Detail]
Download: Texas-2013-SB1760-Introduced.html
83R7698 SLB-F | ||
By: Uresti | S.B. No. 1760 |
|
||
|
||
relating to the development of brackish groundwater. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 16.053(e), Water Code, is amended to | ||
read as follows: | ||
(e) Each regional water planning group shall submit to the | ||
development board a regional water plan that: | ||
(1) is consistent with the guidance principles for the | ||
state water plan adopted by the development board under Section | ||
16.051(d); | ||
(2) provides information based on data provided or | ||
approved by the development board in a format consistent with the | ||
guidelines provided by the development board under Subsection (d); | ||
(2-a) is consistent with the desired future conditions | ||
adopted under Section 36.108 for the relevant aquifers located in | ||
the regional water planning area as of the date the board most | ||
recently adopted a state water plan under Section 16.051 or, at the | ||
option of the regional water planning group, established subsequent | ||
to the adoption of the most recent plan; | ||
(3) identifies: | ||
(A) each source of water supply in the regional | ||
water planning area, including information supplied by the | ||
executive administrator on the amount of modeled available | ||
groundwater in accordance with the guidelines provided by the | ||
development board under Subsections (d) and (f); | ||
(B) factors specific to each source of water | ||
supply to be considered in determining whether to initiate a | ||
drought response; | ||
(C) actions to be taken as part of the response; | ||
and | ||
(D) existing major water infrastructure | ||
facilities that may be used for interconnections in the event of an | ||
emergency shortage of water; | ||
(4) has specific provisions for water management | ||
strategies to be used during a drought of record; | ||
(5) includes but is not limited to consideration of | ||
the following: | ||
(A) any existing water or drought planning | ||
efforts addressing all or a portion of the region; | ||
(B) approved groundwater conservation district | ||
management plans and other plans submitted under Section 16.054; | ||
(C) all potentially feasible water management | ||
strategies, including but not limited to improved conservation, | ||
reuse, and management of existing water supplies, conjunctive use, | ||
acquisition of available existing water supplies, and development | ||
of new water supplies; | ||
(D) protection of existing water rights in the | ||
region; | ||
(E) opportunities for and the benefits of | ||
developing regional water supply facilities or providing regional | ||
management of water supply facilities; | ||
(F) appropriate provision for environmental | ||
water needs and for the effect of upstream development on the bays, | ||
estuaries, and arms of the Gulf of Mexico and the effect of plans on | ||
navigation; | ||
(G) provisions in Section 11.085(k)(1) if | ||
interbasin transfers are contemplated; | ||
(H) voluntary transfer of water within the region | ||
using, but not limited to, regional water banks, sales, leases, | ||
options, subordination agreements, and financing agreements; [ |
||
(I) emergency transfer of water under Section | ||
11.139, including information on the part of each permit, certified | ||
filing, or certificate of adjudication for nonmunicipal use in the | ||
region that may be transferred without causing unreasonable damage | ||
to the property of the nonmunicipal water rights holder; and | ||
(J) opportunities for and the benefits of | ||
developing large-scale desalination facilities for brackish | ||
groundwater or seawater that serve local or regional brackish | ||
groundwater production zones identified under Section 16.060; | ||
(6) identifies river and stream segments of unique | ||
ecological value and sites of unique value for the construction of | ||
reservoirs that the regional water planning group recommends for | ||
protection under Section 16.051; | ||
(7) assesses the impact of the plan on unique river and | ||
stream segments identified in Subdivision (6) if the regional water | ||
planning group or the legislature determines that a site of unique | ||
ecological value exists; | ||
(8) describes the impact of proposed water projects on | ||
water quality; and | ||
(9) includes information on: | ||
(A) projected water use and conservation in the | ||
regional water planning area; and | ||
(B) the implementation of state and regional | ||
water plan projects, including water conservation strategies, | ||
necessary to meet the state's projected water demands. | ||
SECTION 2. Section 16.060, Water Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (d) to read | ||
as follows: | ||
(a) The board shall undertake or participate in research, | ||
feasibility and facility planning studies, investigations, and | ||
surveys as it considers necessary to further the development of | ||
cost-effective water supplies from seawater or brackish | ||
groundwater desalination in the state. | ||
(b) The board shall prepare a biennial progress report on | ||
the implementation of seawater or brackish groundwater | ||
desalination activities in the state and shall submit it to the | ||
governor, lieutenant governor, and speaker of the house of | ||
representatives not later than December 1 of each even-numbered | ||
year. The report shall include: | ||
(1) results of the board's studies and activities | ||
relative to seawater or brackish groundwater desalination during | ||
the preceding biennium; | ||
(2) identification and evaluation of research, | ||
regulatory, technical, and financial impediments to the | ||
implementation of seawater or brackish groundwater desalination | ||
projects; | ||
(3) evaluation of the role the state should play in | ||
furthering the development of large-scale seawater or brackish | ||
groundwater desalination projects in the state; [ |
||
(4) the anticipated appropriation from general | ||
revenues necessary to continue investigating water desalination | ||
activities in the state during the next biennium; and | ||
(5) identification of local or regional brackish | ||
groundwater production zones in areas of the state with moderate to | ||
high availability and productivity of brackish groundwater that can | ||
be used to reduce the use of fresh groundwater. | ||
(d) The board shall consider the Brackish Groundwater | ||
Manual for Texas Regional Water Planning Groups, and any updates to | ||
the manual, when identifying areas of moderate to high availability | ||
and productivity of brackish groundwater under Subsection (b)(5). | ||
SECTION 3. Section 36.001, Water Code, is amended by adding | ||
Subdivision (31) to read as follows: | ||
(31) "Brackish groundwater" means groundwater that | ||
has a salinity of more than 1,000 milligrams per liter but not more | ||
than 10,000 milligrams per liter. | ||
SECTION 4. Section 36.0015, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.0015. PURPOSE. In order to provide for the | ||
conservation, preservation, protection, recharging, development, | ||
and prevention of waste of groundwater, and of groundwater | ||
reservoirs or their subdivisions, and to control subsidence caused | ||
by withdrawal of water from those groundwater reservoirs or their | ||
subdivisions, consistent with the objectives of Section 59, Article | ||
XVI, Texas Constitution, groundwater conservation districts may be | ||
created as provided by this chapter. Groundwater conservation | ||
districts created as provided by this chapter are the state's | ||
preferred method of groundwater management through rules | ||
developed, adopted, and promulgated by a district in accordance | ||
with the provisions of this chapter. | ||
SECTION 5. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1015 to read as follows: | ||
Sec. 36.1015. MODEL RULES FOR BRACKISH GROUNDWATER | ||
REGULATION. (a) The Texas Water Development Board shall develop | ||
and make available model rules for the permitting of brackish | ||
groundwater production. The model rules shall include: | ||
(1) a prohibition on limiting the production of | ||
brackish groundwater to achieve a desired future condition unless | ||
the executive administrator has determined the amount of modeled | ||
available groundwater specifically attributed to brackish | ||
groundwater; | ||
(2) a minimum term of 30 years for a permit issued for | ||
a well that produces brackish groundwater; | ||
(3) a prohibition on reducing the authorized amount of | ||
brackish groundwater that may be withdrawn from a well during the | ||
term of the permit; and | ||
(4) other provisions that the Texas Water Development | ||
Board considers appropriate to encourage the development of | ||
brackish groundwater desalination projects. | ||
(b) The Texas Water Development Board shall consider the | ||
Brackish Groundwater Manual for Texas Regional Water Planning | ||
Groups, and any updates to the manual, in developing the rules under | ||
Subsection (a). | ||
SECTION 6. Section 36.1071(a), Water Code, is amended to | ||
read as follows: | ||
(a) Following notice and hearing, the district shall, in | ||
coordination with surface water management entities on a regional | ||
basis, develop a management plan that addresses the following | ||
management goals, as applicable: | ||
(1) providing the most efficient use of groundwater; | ||
(2) controlling and preventing waste of groundwater; | ||
(3) controlling and preventing subsidence; | ||
(4) addressing conjunctive surface water management | ||
issues; | ||
(5) addressing natural resource issues; | ||
(6) addressing drought conditions; | ||
(7) addressing conservation, recharge enhancement, | ||
rainwater harvesting, precipitation enhancement, or brush control, | ||
where appropriate and cost-effective; [ |
||
(8) addressing the desired future conditions adopted | ||
by the district under Section 36.108; and | ||
(9) identifying goals to pursue the reduction of fresh | ||
groundwater use through brackish groundwater desalination | ||
strategies in production zones identified under Section 16.060. | ||
SECTION 7. Section 36.108(d-2), Water Code, is amended to | ||
read as follows: | ||
(d-2) The desired future conditions proposed under | ||
Subsection (d) must provide a balance between the highest | ||
practicable level of groundwater production and the conservation, | ||
preservation, protection, recharging, and prevention of waste of | ||
groundwater and control of subsidence in the management area. To | ||
reduce reliance on fresh groundwater resources, the desired future | ||
condition must allow the highest level of brackish groundwater | ||
production in production zones identified under Section | ||
16.060. This subsection does not prohibit the establishment of | ||
desired future conditions that provide for the reasonable long-term | ||
management of groundwater resources consistent with the management | ||
goals under Section 36.1071(a). The desired future conditions | ||
proposed under Subsection (d) must be approved by a two-thirds vote | ||
of all the district representatives for distribution to the | ||
districts in the management area. A period of not less than 90 days | ||
for public comments begins on the day the proposed desired future | ||
conditions are mailed to the districts. During the public comment | ||
period and after posting notice as required by Section 36.063, each | ||
district shall hold a public hearing on any proposed desired future | ||
conditions relevant to that district. During the public comment | ||
period, the district shall make available in its office a copy of | ||
the proposed desired future conditions and any supporting | ||
materials, such as the documentation of factors considered under | ||
Subsection (d) and groundwater availability model run results. | ||
After the public hearing, the district shall compile for | ||
consideration at the next joint planning meeting a summary of | ||
relevant comments received, any suggested revisions to the proposed | ||
desired future conditions, and the basis for the revisions. | ||
SECTION 8. Sections 36.117(b) and (c), Water Code, are | ||
amended to read as follows: | ||
(b) Except as provided by this section, a district shall | ||
provide an exemption from the district requirement to obtain a | ||
permit for: | ||
(1) drilling or operating a well used solely for | ||
domestic use or for providing water for livestock or poultry if the | ||
well is: | ||
(A) located or to be located on a tract of land | ||
larger than 10 acres; and | ||
(B) drilled, completed, or equipped so that it is | ||
incapable of producing more than 25,000 gallons of groundwater a | ||
day; | ||
(2) drilling a water well used solely to supply water | ||
for a rig that is actively engaged in drilling or exploration | ||
operations for an oil or gas well permitted by the Railroad | ||
Commission of Texas provided that the person holding the permit is | ||
responsible for drilling and operating the water well and the water | ||
well is located on the same lease or field associated with the | ||
drilling rig; [ |
||
(3) drilling a water well authorized under a permit | ||
issued by the Railroad Commission of Texas under Chapter 134, | ||
Natural Resources Code, or for production from the well to the | ||
extent the withdrawals are required for mining activities | ||
regardless of any subsequent use of the water; or | ||
(4) drilling or operating a well associated with a | ||
desalination project located in a brackish groundwater production | ||
zone identified under Section 16.060, unless a district has adopted | ||
the model rules for the permitting of brackish groundwater wells | ||
developed by the Texas Water Development Board. | ||
(c) A district may not restrict the production of water from | ||
any well described by Subsection (b)(1) or (b)(4). | ||
SECTION 9. This Act takes effect September 1, 2013. |