H.B. No. 1989
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 and Medina County;
2-25 (2) the Carrizo-Wilcox aquifer in Bexar, Webb, Smith,
3-1 Wood, 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 be for only
3-7 the duration of the pilot project to provide the commission and the
3-8 board further opportunity to evaluate the storage of appropriated
3-9 water in aquifers for subsequent retrieval and beneficial use.
3-10 (c) At the conclusion of a pilot project, a permit holder
3-11 may file an appropriate application for a permit or permit
3-12 amendment. After considering the success of the project and the
3-13 criteria set out in Section 11.154, the commission shall determine
3-14 whether to issue a permit or permit amendment authorizing the
3-15 continued storage of appropriated water in the aquifer.
3-16 (d) A final order granting a permit or amendment to a permit
3-17 authorizing the storage of appropriated water in aquifers for
3-18 subsequent beneficial use, other than for the pilot projects
3-19 authorized by this section, may not be issued before June 1, 1999.
3-20 (e) The board shall participate in the study of the pilot
3-21 projects authorized by Subsection (a). The pilot projects are
3-22 eligible for grants from the water loan assistance fund established
3-23 by Section 15.101. The board may authorize use of money from the
3-24 research and planning fund established by Section 15.402 to
3-25 participate in the study of pilot projects.
4-1 Sec. 11.154. PERMITS TO STORE APPROPRIATED WATER IN
4-2 AQUIFERS. (a) An application filed with the commission to
4-3 undertake a pilot project under Section 11.153 must include:
4-4 (1) the information required for an application for a
4-5 permit or permit amendment to appropriate state water;
4-6 (2) all information required for an application for a
4-7 permit for a Class V injection well without requiring a separate
4-8 hearing or notice; and
4-9 (3) a map or plat showing the injection facility and
4-10 the aquifer in which the water will be stored.
4-11 (b) If the application is for a permit or permit amendment
4-12 to store appropriated water in an underground water reservoir or a
4-13 subdivision of an underground water reservoir, as defined by
4-14 Chapter 52, that is under the jurisdiction of an underground water
4-15 conservation district:
4-16 (1) the applicant shall:
4-17 (A) provide a copy of the application to each
4-18 underground water conservation district that has jurisdiction over
4-19 the reservoir or subdivision;
4-20 (B) cooperate with the districts that have
4-21 jurisdiction over the reservoir or subdivision to ensure compliance
4-22 with the rules of each district;
4-23 (C) cooperate with each district that has
4-24 jurisdiction over the reservoir or subdivision to develop rules
4-25 regarding the injection, storage, and withdrawal of appropriated
5-1 water stored in the aquifer; and
5-2 (D) comply with the rules governing the
5-3 injection, storage, or withdrawal of appropriated water stored in
5-4 the reservoir or subdivision that are adopted by a district that
5-5 has jurisdiction over the reservoir or subdivision; and
5-6 (2) the commission shall require that any agreement
5-7 the applicant reaches with a district that has jurisdiction over
5-8 the reservoir or subdivision regarding the terms for the injection,
5-9 storage, and withdrawal of appropriated water be included as a
5-10 condition of the permit or permit amendment.
5-11 (c) On completion of a pilot project and receipt of an
5-12 appropriate application for a permit or an amendment to an existing
5-13 permit, the commission shall evaluate the success of the pilot
5-14 project for purposes of issuing a final order granting a permit or
5-15 permit amendment authorizing the storage of appropriated water
5-16 incident to a beneficial use. The commission shall consider
5-17 whether:
5-18 (1) the introduction of water into the aquifer will
5-19 alter the physical, chemical, or biological quality of native
5-20 groundwater to a degree that the introduction would:
5-21 (A) render groundwater produced from the aquifer
5-22 harmful or detrimental to people, animals, vegetation, or property;
5-23 or
5-24 (B) require treatment of the groundwater to a
5-25 greater extent than the native groundwater requires before being
6-1 applied to that beneficial use;
6-2 (2) the water stored in the receiving aquifer can be
6-3 successfully harvested from the aquifer for beneficial use; and
6-4 (3) the permit holder has provided evidence that
6-5 reasonable diligence will be used to protect the water stored in
6-6 the receiving aquifer from unauthorized withdrawals to the extent
6-7 necessary to maximize the permit holder's ability to retrieve and
6-8 beneficially use the stored water without experiencing unreasonable
6-9 loss of appropriated water.
6-10 (d) In making its evaluation under Subsection (c), the
6-11 commission may consider all relevant facts, including:
6-12 (1) the location and depth of the aquifer in which the
6-13 stored water is located;
6-14 (2) the nature and extent of the surface development
6-15 and activity above the stored water;
6-16 (3) the permit holder's ability to prevent
6-17 unauthorized withdrawals by contract or the exercise of the power
6-18 of eminent domain;
6-19 (4) the existence of an underground water conservation
6-20 district with jurisdiction over the aquifer storing the water and
6-21 the district's ability to adopt rules to protect stored water; and
6-22 (5) the existence of any other political subdivision
6-23 or state agency authorized to regulate the drilling of wells.
6-24 (e) A permit to store appropriated water in an underground
6-25 water reservoir or subdivision, as defined by Chapter 52, shall
7-1 provide as a condition to the permit that the permit holder shall:
7-2 (1) register the permit holder's injection and
7-3 recovery wells with an underground water conservation district that
7-4 has jurisdiction over the reservoir or subdivision, if any; and
7-5 (2) each calendar month, provide the district, if any,
7-6 with a written report showing for the previous calendar month:
7-7 (A) the amount of water injected for storage;
7-8 and
7-9 (B) the amount of water recaptured for use.
7-10 Sec. 11.155. AQUIFER STORAGE PILOT PROJECT REPORTS. (a) On
7-11 completion of each pilot project, the board and the commission
7-12 jointly shall:
7-13 (1) prepare a report evaluating the success of the
7-14 project; and
7-15 (2) provide copies of the report to the governor,
7-16 lieutenant governor, and speaker of the house of representatives.
7-17 (b) The board shall make other studies, investigations, and
7-18 surveys of the aquifers in the state as it considers necessary to
7-19 determine the occurrence, quantity, quality, and availability of
7-20 other aquifers in which water may be stored and subsequently
7-21 retrieved for beneficial use. The board shall undertake the
7-22 studies, investigations, and surveys in the following order of
7-23 priority:
7-24 (1) the aquifers identified in Section 11.153(a);
7-25 (2) areas designated by the commission as "critical
8-1 areas" under Section 52.053; and
8-2 (3) other areas of the state in a priority to be
8-3 determined by the board's ranking of where the greatest need
8-4 exists.
8-5 (c) Not later than January 1 of each odd-numbered year, the
8-6 board shall prepare and provide to the legislature a report that
8-7 includes at least the following information:
8-8 (1) the progress of the pilot projects authorized
8-9 under this subchapter and of any related project;
8-10 (2) the results of the board's studies of the other
8-11 aquifers of the state during the preceding biennium; and
8-12 (3) the anticipated appropriation from general
8-13 revenues necessary to investigate other aquifers in the state
8-14 during the upcoming biennium.
8-15 SECTION 3. (a) The change in law made by this Act applies
8-16 only to an application made on or after the effective date of this
8-17 Act for a permit or a permit amendment for a pilot project to
8-18 appropriate water and to store appropriated water in an aquifer
8-19 identified in this Act.
8-20 (b) A permit issued by the commission authorizing the
8-21 storage of appropriated water in an aquifer incident to a
8-22 beneficial use before the effective date of this Act or an
8-23 application for a permit or permit amendment to appropriate water
8-24 that includes authorization to store appropriated water in an
8-25 underground structure filed before the effective date of this Act
9-1 is not affected by the changes in law made by this Act.
9-2 SECTION 4. The importance of this legislation and the
9-3 crowded condition of the calendars in both houses create an
9-4 emergency and an imperative public necessity that the
9-5 constitutional rule requiring bills to be read on three several
9-6 days in each house be suspended, and this rule is hereby suspended,
9-7 and that this Act take effect and be in force from and after its
9-8 passage, and it is so enacted.