74R10037 JJT-F
By Rodriguez, Thompson, Lewis of Orange, H.B. No. 1989
Longoria
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the underground storage of appropriated water
1-3 incidental to a beneficial use.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The legislature finds that:
1-6 (1) the underground storage of appropriated water,
1-7 incidental to a beneficial use, is a beneficial use of water;
1-8 (2) the use of aquifers for storage of appropriated
1-9 water:
1-10 (A) enhances the conservation and protection of
1-11 appropriated water by minimizing seepage and evaporation losses;
1-12 (B) reduces the incidental environmental impacts
1-13 associated with the construction of conventional water storage
1-14 facilities such as aboveground reservoirs; and
1-15 (C) enhances and protects groundwater resources;
1-16 (3) the underground storage of appropriated water
1-17 maximizes the conservation and beneficial use of water resources;
1-18 (4) the storage of appropriated water in aquifers
1-19 recognizes existing property rights, including the rights of a
1-20 landowner in groundwater;
1-21 (5) the storage of appropriated water in aquifers
1-22 recognizes the authority and jurisdiction of an underground water
1-23 conservation district;
2-1 (6) the use of aquifers for storage of appropriated
2-2 water may reduce a portion of the economic burden on taxpayers and
2-3 utility ratepayers associated with the construction of conventional
2-4 water storage facilities;
2-5 (7) the successful storage of appropriated water
2-6 underground has been demonstrated in Kerr County by the Upper
2-7 Guadalupe River Authority in the Hosston-Sligo Aquifer; and
2-8 (8) the Texas Natural Resource Conservation Commission
2-9 and the Texas Water Development Board are encouraged to evaluate
2-10 additional aquifers within the state to identify the potential for
2-11 storage of appropriated water underground to maximize and enhance
2-12 the future availability and beneficial use of the water resources
2-13 of the state.
2-14 SECTION 2. Subchapter D, Chapter 11, Water Code, is amended
2-15 by adding Sections 11.153, 11.154, and 11.155 to read as follows:
2-16 Sec. 11.153. PILOT PROJECTS FOR STORAGE OF APPROPRIATED
2-17 WATER IN AQUIFERS. (a) The commission shall investigate the
2-18 feasibility of storing appropriated water in various types of
2-19 aquifers around the state by encouraging the issuance of temporary
2-20 or term permits for pilot demonstration projects for the storage of
2-21 appropriated water for subsequent retrieval and beneficial use in
2-22 the following aquifers in the specified counties:
2-23 (1) the Anacacho, Austin Chalk, and Glen Rose
2-24 Limestone aquifers in Bexar County;
2-25 (2) the Carrizo-Wilcox aquifer in Bexar, Smith, Wood,
3-1 Rains, and Van Zandt counties;
3-2 (3) the Hickory and Ellenberger aquifers in Gillespie
3-3 County; and
3-4 (4) the Gulf Coast aquifer in Cameron and Hidalgo
3-5 counties.
3-6 (b) A permit described by Subsection (a) must:
3-7 (1) be for only the duration of the pilot project to
3-8 provide the commission and the board further opportunity to
3-9 evaluate the storage of appropriated water in aquifers for
3-10 subsequent retrieval and beneficial use; and
3-11 (2) expire on or before June 1, 1999.
3-12 (c) The board shall participate in the study of the pilot
3-13 projects authorized by Subsection (a). The pilot projects are
3-14 eligible for grants from the water loan assistance fund established
3-15 by Section 15.101. The board may authorize use of money from the
3-16 research and planning fund established by Section 15.402 to
3-17 participate in the study of pilot projects.
3-18 Sec. 11.154. PERMITS TO STORE APPROPRIATED WATER IN
3-19 AQUIFERS. (a) An application filed with the commission to
3-20 undertake a pilot project under Section 11.153 must include:
3-21 (1) the information required for an application for a
3-22 permit or permit amendment to appropriate water;
3-23 (2) all information required for an application for a
3-24 permit for a Class V injection well without requiring a separate
3-25 hearing or notice; and
4-1 (3) a map or plat showing the injection facility and
4-2 the aquifer in which the water will be stored.
4-3 (b) If the application is for a permit or permit amendment
4-4 to store appropriated water in an underground water reservoir or a
4-5 subdivision of an underground water reservoir, as defined by
4-6 Chapter 52, that is under the jurisdiction of an underground water
4-7 conservation district:
4-8 (1) the applicant shall:
4-9 (A) provide a copy of the application to each
4-10 underground water conservation district that has jurisdiction over
4-11 the reservoir or subdivision;
4-12 (B) cooperate with the districts that have
4-13 jurisdiction over the reservoir or subdivision to ensure compliance
4-14 with the rules of each district; and
4-15 (C) cooperate with each district that has
4-16 jurisdiction over the reservoir or subdivision to develop rules
4-17 regarding the injection, storage, and withdrawal of appropriated
4-18 water stored in the aquifer; and
4-19 (2) the commission shall require as a condition of the
4-20 permit or permit amendment that the applicant reach an agreement
4-21 with each district that has jurisdiction over the reservoir or
4-22 subdivision regarding the terms for the injection, storage, and
4-23 withdrawal of appropriated water.
4-24 Sec. 11.155. AQUIFER STORAGE PILOT PROJECT REPORTS. (a) On
4-25 completion of each pilot project, the board and the commission
5-1 jointly shall:
5-2 (1) prepare a report evaluating the success of the
5-3 project; and
5-4 (2) provide copies of the report to the governor,
5-5 lieutenant governor, and speaker of the house of representatives.
5-6 (b) The board shall make other studies, investigations, and
5-7 surveys of the aquifers in the state as it considers necessary to
5-8 determine the occurrence, quantity, quality, and availability of
5-9 other aquifers in which water may be stored and subsequently
5-10 retrieved for beneficial use. The board shall undertake the
5-11 studies, investigations, and surveys in the following order of
5-12 priority:
5-13 (1) the aquifers identified in Section 11.153(a);
5-14 (2) areas designated by the commission as "critical
5-15 areas" under Section 52.053; and
5-16 (3) other areas of the state in a priority to be
5-17 determined by the board's ranking of where the greatest need
5-18 exists.
5-19 (c) Not later than January 1 of each odd-numbered year, the
5-20 board shall prepare and provide to the legislature a report that
5-21 includes at least the following information:
5-22 (1) the progress of the pilot projects authorized
5-23 under this subchapter and of any related project;
5-24 (2) the results of the board's studies of the other
5-25 aquifers of the state during the preceding biennium; and
6-1 (3) the anticipated appropriation from general
6-2 revenues necessary to investigate other state aquifers during the
6-3 upcoming biennium.
6-4 SECTION 3. (a) The change in law made by this Act applies
6-5 only to an application made on or after the effective date of this
6-6 Act for a permit or a permit amendment for a pilot project to
6-7 appropriate water and to store appropriated water in an aquifer
6-8 identified in this Act.
6-9 (b) A permit issued by the commission authorizing the
6-10 storage of appropriated water in an aquifer incident to a
6-11 beneficial use before the effective date of this Act or an
6-12 application for a permit or permit amendment to appropriate water
6-13 that includes authorization to store appropriated water in an
6-14 underground structure filed before the effective date of this Act
6-15 is not affected by the changes in law made by this Act.
6-16 SECTION 4. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended,
6-21 and that this Act take effect and be in force from and after its
6-22 passage, and it is so enacted.