1-1 By: Rodriguez, et al. (Senate Sponsor - Madla) H.B. No. 1989
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 8, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 May 8, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1989 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the underground storage of appropriated water
1-11 incidental to a beneficial use.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The legislature finds that:
1-14 (1) the underground storage of appropriated water,
1-15 incidental to a beneficial use, is a beneficial use of water;
1-16 (2) the use of aquifers for storage of appropriated
1-17 water:
1-18 (A) enhances the conservation and protection of
1-19 appropriated water by minimizing seepage and evaporation losses;
1-20 (B) reduces the incidental environmental impacts
1-21 associated with the construction of conventional water storage
1-22 facilities such as aboveground reservoirs; and
1-23 (C) enhances and protects groundwater resources;
1-24 (3) the underground storage of appropriated water
1-25 maximizes the conservation and beneficial use of water resources;
1-26 (4) the storage of appropriated water in aquifers
1-27 recognizes existing property rights, including the rights of a
1-28 landowner in groundwater;
1-29 (5) the storage of appropriated water in aquifers
1-30 recognizes the authority and jurisdiction of an underground water
1-31 conservation district;
1-32 (6) the use of aquifers for storage of appropriated
1-33 water may reduce a portion of the economic burden on taxpayers and
1-34 utility ratepayers associated with the construction of conventional
1-35 water storage facilities;
1-36 (7) the successful storage of appropriated water
1-37 underground has been demonstrated in Kerr County by the Upper
1-38 Guadalupe River Authority in the Hosston-Sligo Aquifer; and
1-39 (8) the Texas Natural Resource Conservation Commission
1-40 and the Texas Water Development Board are encouraged to evaluate
1-41 additional aquifers within the state to identify the potential for
1-42 storage of appropriated water underground to maximize and enhance
1-43 the future availability and beneficial use of the water resources
1-44 of the state.
1-45 SECTION 2. Subchapter D, Chapter 11, Water Code, is amended
1-46 by adding Sections 11.153, 11.154, and 11.155 to read as follows:
1-47 Sec. 11.153. PILOT PROJECTS FOR STORAGE OF APPROPRIATED
1-48 WATER IN AQUIFERS. (a) The commission shall investigate the
1-49 feasibility of storing appropriated water in various types of
1-50 aquifers around the state by encouraging the issuance of temporary
1-51 or term permits for pilot demonstration projects for the storage of
1-52 appropriated water for subsequent retrieval and beneficial use in
1-53 the following aquifers in the specified counties:
1-54 (1) the Anacacho, Austin Chalk, and Glen Rose
1-55 Limestone aquifers in Bexar County and Medina County;
1-56 (2) the Carrizo-Wilcox aquifer in Bexar, Smith, Wood,
1-57 Rains, and Van Zandt counties;
1-58 (3) the Hickory and Ellenberger aquifers in Gillespie
1-59 County; and
1-60 (4) the Gulf Coast aquifer in Cameron and Hidalgo
1-61 counties.
1-62 (b) A permit described by Subsection (a) must be for only
1-63 the duration of the pilot project to provide the commission and the
1-64 board further opportunity to evaluate the storage of appropriated
1-65 water in aquifers for subsequent retrieval and beneficial use.
1-66 (c) At the conclusion of a pilot project, a permit holder
1-67 may file an appropriate application for a permit or permit
1-68 amendment. After considering the success of the project and the
2-1 criteria set out in Section 11.154, the commission shall determine
2-2 whether to issue a permit or permit amendment authorizing the
2-3 continued storage of appropriated water in the aquifer.
2-4 (d) A final order granting a permit or amendment to a permit
2-5 authorizing the storage of appropriated water in aquifers for
2-6 subsequent beneficial use, other than for the pilot projects
2-7 authorized by this section, may not be issued before June 1, 1999.
2-8 (e) The board shall participate in the study of the pilot
2-9 projects authorized by Subsection (a). The pilot projects are
2-10 eligible for grants from the water loan assistance fund established
2-11 by Section 15.101. The board may authorize use of money from the
2-12 research and planning fund established by Section 15.402 to
2-13 participate in the study of pilot projects.
2-14 Sec. 11.154. PERMITS TO STORE APPROPRIATED WATER IN
2-15 AQUIFERS. (a) An application filed with the commission to
2-16 undertake a pilot project under Section 11.153 must include:
2-17 (1) the information required for an application for a
2-18 permit or permit amendment to appropriate state water;
2-19 (2) all information required for an application for a
2-20 permit for a Class V injection well without requiring a separate
2-21 hearing or notice; and
2-22 (3) a map or plat showing the injection facility and
2-23 the aquifer in which the water will be stored.
2-24 (b) If the application is for a permit or permit amendment
2-25 to store appropriated water in an underground water reservoir or a
2-26 subdivision of an underground water reservoir, as defined by
2-27 Chapter 52, that is under the jurisdiction of an underground water
2-28 conservation district:
2-29 (1) the applicant shall:
2-30 (A) provide a copy of the application to each
2-31 underground water conservation district that has jurisdiction over
2-32 the reservoir or subdivision;
2-33 (B) cooperate with the districts that have
2-34 jurisdiction over the reservoir or subdivision to ensure compliance
2-35 with the rules of each district;
2-36 (C) cooperate with each district that has
2-37 jurisdiction over the reservoir or subdivision to develop rules
2-38 regarding the injection, storage, and withdrawal of appropriated
2-39 water stored in the aquifer; and
2-40 (D) comply with the rules governing the
2-41 injection, storage, or withdrawal of appropriated water stored in
2-42 the reservoir or subdivision that are adopted by a district that
2-43 has jurisdiction over the reservoir or subdivision; and
2-44 (2) the commission shall require that any agreement
2-45 the applicant reaches with a district that has jurisdiction over
2-46 the reservoir or subdivision regarding the terms for the injection,
2-47 storage, and withdrawal of appropriated water be included as a
2-48 condition of the permit or permit amendment.
2-49 (c) On completion of a pilot project and receipt of an
2-50 appropriate application for a permit or an amendment to an existing
2-51 permit, the commission shall evaluate the success of the pilot
2-52 project for purposes of issuing a final order granting a permit or
2-53 permit amendment authorizing the storage of appropriated water
2-54 incident to a beneficial use. The commission shall consider
2-55 whether:
2-56 (1) the introduction of water into the aquifer will
2-57 alter the physical, chemical, or biological quality of native
2-58 groundwater to a degree that the introduction would:
2-59 (A) render groundwater produced from the aquifer
2-60 harmful or detrimental to people, animals, vegetation, or property;
2-61 or
2-62 (B) require treatment of the groundwater to a
2-63 greater extent than the native groundwater requires before being
2-64 applied to that beneficial use;
2-65 (2) the water stored in the receiving aquifer can be
2-66 successfully harvested from the aquifer for beneficial use; and
2-67 (3) the permit holder has provided evidence that
2-68 reasonable diligence will be used to protect the water stored in
2-69 the receiving aquifer from unauthorized withdrawals to the extent
2-70 necessary to maximize the permit holder's ability to retrieve and
3-1 beneficially use the stored water without experiencing unreasonable
3-2 loss of appropriated water.
3-3 (d) In making its evaluation under Subsection (c), the
3-4 commission may consider all relevant facts, including:
3-5 (1) the location and depth of the aquifer in which the
3-6 stored water is located;
3-7 (2) the nature and extent of the surface development
3-8 and activity above the stored water;
3-9 (3) the permit holder's ability to prevent
3-10 unauthorized withdrawals by contract or the exercise of the power
3-11 of eminent domain;
3-12 (4) the existence of an underground water conservation
3-13 district with jurisdiction over the aquifer storing the water and
3-14 the district's ability to adopt rules to protect stored water; and
3-15 (5) the existence of any other political subdivision
3-16 or state agency authorized to regulate the drilling of wells.
3-17 (e) A permit to store appropriated water in an underground
3-18 water reservoir or subdivision, as defined by Chapter 52, shall
3-19 provide as a condition to the permit that the permit holder shall:
3-20 (1) register the permit holder's injection and
3-21 recovery wells with an underground water conservation district that
3-22 has jurisdiction over the reservoir or subdivision, if any; and
3-23 (2) each calendar month, provide the district, if any,
3-24 with a written report showing for the previous calendar month:
3-25 (A) the amount of water injected for storage;
3-26 and
3-27 (B) the amount of water recaptured for use.
3-28 Sec. 11.155. AQUIFER STORAGE PILOT PROJECT REPORTS. (a) On
3-29 completion of each pilot project, the board and the commission
3-30 jointly shall:
3-31 (1) prepare a report evaluating the success of the
3-32 project; and
3-33 (2) provide copies of the report to the governor,
3-34 lieutenant governor, and speaker of the house of representatives.
3-35 (b) The board shall make other studies, investigations, and
3-36 surveys of the aquifers in the state as it considers necessary to
3-37 determine the occurrence, quantity, quality, and availability of
3-38 other aquifers in which water may be stored and subsequently
3-39 retrieved for beneficial use. The board shall undertake the
3-40 studies, investigations, and surveys in the following order of
3-41 priority:
3-42 (1) the aquifers identified in Section 11.153(a);
3-43 (2) areas designated by the commission as "critical
3-44 areas" under Section 52.053; and
3-45 (3) other areas of the state in a priority to be
3-46 determined by the board's ranking of where the greatest need
3-47 exists.
3-48 (c) Not later than January 1 of each odd-numbered year, the
3-49 board shall prepare and provide to the legislature a report that
3-50 includes at least the following information:
3-51 (1) the progress of the pilot projects authorized
3-52 under this subchapter and of any related project;
3-53 (2) the results of the board's studies of the other
3-54 aquifers of the state during the preceding biennium; and
3-55 (3) the anticipated appropriation from general
3-56 revenues necessary to investigate other aquifers in the state
3-57 during the upcoming biennium.
3-58 SECTION 3. (a) The change in law made by this Act applies
3-59 only to an application made on or after the effective date of this
3-60 Act for a permit or a permit amendment for a pilot project to
3-61 appropriate water and to store appropriated water in an aquifer
3-62 identified in this Act.
3-63 (b) A permit issued by the commission authorizing the
3-64 storage of appropriated water in an aquifer incident to a
3-65 beneficial use before the effective date of this Act or an
3-66 application for a permit or permit amendment to appropriate water
3-67 that includes authorization to store appropriated water in an
3-68 underground structure filed before the effective date of this Act
3-69 is not affected by the changes in law made by this Act.
3-70 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.
4-7 * * * * *