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.