BILL ANALYSIS



C.S.H.B. 1989
By: Rodriguez
4-10-95
Committee Report (Substituted)


BACKGROUND
Presently, state law allows "state water" to be appropriated,
stored or diverted for any "beneficial use" as mandated by the
Texas Water Code, Section 11.023(b).  This Section outlines the
purposes for which water may be appropriated and used.  This broad
authorization becomes limited if the proposed use of the State
water is to "recharge" the portions of the Edwards Aquifer under
Kinney, Uvalde, Medina, Bexar, Comal, and Hays Counties as cited in
the Texas Water Code, Section 11.023(c)-(d). In that case, the
statute sets out certain requirements.

Development of new municipal water storage facilities can be
achieved in an aquifer much faster than a conventional surface
reservoir, which today is estimated to take approximately 20 years.
Additionally, the use of aquifers for purposes of storing or
recharging State water is in accordance with the State of Texas'
initiative to comply with the mandate of the Texas Conservation
Amendment (Tex. Const. Art XVI, §59), which constitutes protecting
and conserving State water and enhancing and maximizing its
beneficial use.


PURPOSE
The purpose of this Bill is clarify the present ability, under
Texas law (1) to put State water to beneficial use, and incident to
such purpose store the water in an aquifer, or (2) to use such
State water to recharge an aquifer other than those portions of the
Edwards Aquifer in Kinney, Uvalde, Medina, Bexar, Comal, and Hays
Counties.

This Bill does not seek to diminish the effectiveness of current
State environmental law, nor does it seek to diminish the authority
of underground water districts or the rights of landowners to
capture water for beneficial use. Under this new legislation, all
existing regulatory protection will remain in place in addition to
requiring a permit from the Texas Natural Resource Conservation
Commission (TNRCC) for the purpose of appropriating State water for
either putting State water to beneficial use (the storing of State
water in an aquifer) or for using State water for the recharging of
an aquifer other than those portions of the Edwards Aquifer
mentioned previously. Also, this Bill will not change existing law
with regard to the Edwards Aquifer.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS
Section 1. Legislative findings relating to the storage of State
water.

Section 2.     Amends Subchapter D, Chapter 11, Water Code, by
adding Sections 11.153, 11.154, and 11.155, which provide as
follows:

     Sec. 11.153.:   Provides that the Texas Natural Resource
Conservation Commission (TNRCC) will encourage, by temporary or
term permitting, pilot projects on storing appropriated water in
certain aquifers; provides that the Texas Water Development Board
(TWDB) shall participate and may authorize certain money for such
projects.

     Sec. 11.154.:  Provides permitting procedures for permits
under Section 11.153.

     Sec. 11.155.:  Provides that the TNRCC and the TWDB shall
prepare pilot project reports and distribute them to the governor,
lieutenant governor, and speaker of the house of representatives;
provides that the TWDB shall make studies, investigations, and
surveys of other aquifers in which other water may be stored and
retrieved for beneficial use;  prioritizes such studies,
investigations, and surveys;  provides that, not later than January
1 of each odd-numbered year, the TWDB shall provide the legislature
with a report including information on the progress of pilot and
related projects, the results of studies, and the anticipated
appropriation from general revenues necessary to investigate other
state aquifers during the upcoming biennium.

Section 3.  Provides that the change in law made by this Act
applies to new applications only and does not affect permits
already issued by the TNRCC, or applications determined to be
administratively complete before the effective date.

Section 4.  Emergency clause and effective date.


COMPARISON OF ORIGINAL TO SUBSTITUTE
The Original provided for statewide Aquifer storage and recovery
projects and authorized the use of state water for recharge.  It
also gave the TNRCC authority to issue final permits or amend
existing permits.  The Substitute does not expressly authorize the
use of state water for recharge, but does provide for encouragement
of pilot projects on aquifer storage and recovery though temporary
and term permitting.  The Substitute limits these projects to
aquifers in specified counties.  The Substitute does not contain
guidance criteria for issuance of final permits for storage of
water.

SUMMARY OF COMMITTEE ACTION
H.B.1989 was considered by the committee in a public hearing on
March 27, 1995.  The committee considered a complete substitute for
the bill.  No action was taken on the substitute.
The following persons testified in favor of the bill:
     Mr. Ed McCarthy, representing Bexar Medina Atascosa Counties
WCID and Bexar Metropolitan Water District;
     Mr. David J. Davenport, Canyon Regional Water Authority,
representing himself;
     Mr. Louis T. Rosenberg, representing himself, Bexar
Metropolitan Water District, and Canyon Regional Water Authority;
     Mr. John Wendele, General Manager of and representing UGRA;
     Mr. Paul B. Thornhill, representing himself.

The following persons testified against the bill:
     Mr. Keith Pate, representing Evergreen Underground Water
Conservation District;
     Mr. Scott Holland, Irion County Water Conservation District,
representing himself;
     Mr. Allan J. Lange, representing Lipan-Kickapoo Water
Conservation District.

The following persons testified on the bill:
     Mr. Randy Williams, representing Texas Water Development
Board;
     Mr. C.E. Williams, representing Panhandle Ground Water
Conservation District;
     Mr. Richard Bowers, General Manager of and representing North
Plains Ground Water Conservation District No.2;
     Mr. Lee Arrington, representing South Plains Underground Water
Conservation District.

The bill was referred to the Subcommittee on H.B.1989, a
subcommittee consisting of Representatives King, Yost, and Walker,
Chair.


H.B.1989 was considered by the Subcommittee on H.B.1989 in a public
hearing on April 3, 1995.  The subcommittee considered a complete
substitute for the bill.  No action was taken on the substitute.

The following persons testified in favor of the bill: 
     Mr. Ed McCarthy, representing BMA and Bexar Met. Water
Districts;
     Mr. John W. Ward III, President of the Board of and
representing BMA Water District;
     Mr. Louis T. Rosenberg, representing himself and Bexar
Metropolitan Water District;
     Mr. David Davenport, Canyon Regional Water Authority,
representing himself;
     Representative Ciro Rodriguez.

The following persons testified against the bill: 
     Mr. Allan J. Lange, representing Lipan-Kickapoo Water
Conservation District;
     Mr. Keith Pate, representing Evergreen Underground Water
Conservation District;
     Mr. Lee Arrington, representing South Plains Underground Water
Conservation District.

The following person testified on the bill:
     Mr. Paul D. Thornhill, CH2M Hill, representing himself;
     Dr. Tommy Knowles, representing Texas Water Development Board;
     Ms. Luana Buckner, representing herself and Medina County
Underground Water District;
     Mr. Richard Bowers, representing North Plains Ground Water
Conservation District No.2.

The bill was left pending.


After being recalled from subcommittee, the bill was considered by
the committee in a public hearing on April 10, 1995.  The committee
considered a complete substitute for the bill.  The substitute was
adopted without objection.  
No testimony was received.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.