By Chisum                                             H.B. No. 3023
         77R5179 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to water quality permit applications for certain
 1-3     facilities located near a sole-source drinking water supply.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 26.0286, Water Code, is amended to read
 1-6     as follows:
 1-7           Sec. 26.0286.  PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN
 1-8     CONCENTRATED ANIMAL FEEDING OPERATIONS.  (a)  In this section:
 1-9                 (1)  "Sole-source [, "sole-source] surface drinking
1-10     water supply" means a body of surface water that[:]
1-11                 [(1)]  is designated as a sole-source surface [public]
1-12     water supply in rules adopted by the commission under Section
1-13     26.023[; and]
1-14                 [(2)  is the single source of supply of a public water
1-15     supply system, exclusive of emergency water interconnections].
1-16                 (2)  "Protection zone" means an area so designated by
1-17     commission rule under Subsection (c).
1-18           (b)  The commission shall process an application for
1-19     authorization to construct or operate a concentrated animal feeding
1-20     operation as a specific permit under Section 26.028 subject to the
1-21     procedures provided by Subchapter M, Chapter 5, if, on the date the
1-22     commission determines that the application is administratively
1-23     complete, any part of a pen, lot, pond, or other type of control or
1-24     retention facility  or structure of the concentrated animal feeding
 2-1     operation is located or proposed to be located within the
 2-2     protection zone of a sole-source surface drinking water supply.
 2-3     For the purposes of this subsection, a land application area is not
 2-4     considered a control or retention facility[:]
 2-5                 [(1)  in the watershed of a sole-source surface
 2-6     drinking water supply; and]
 2-7                 [(2)  sufficiently close, as determined by the
 2-8     commission by rule, to an intake of a public water supply system in
 2-9     the sole-source surface drinking water supply that contaminants
2-10     discharged from the concentrated animal feeding operation could
2-11     potentially affect the public drinking water supply].
2-12           (c)  When adopting rules under Section 26.023 to set water
2-13     quality standards for water in the state, the commission shall
2-14     designate a surface water body as a sole-source drinking water
2-15     supply if that surface water body is identified as a public water
2-16     supply in rules previously adopted by the commission under Section
2-17     26.023 and is the sole source of supply of a public water supply
2-18     system, exclusive of emergency water connections.  At the same
2-19     time, the commission shall designate as a protection zone any area
2-20     within the watershed of a sole-source surface drinking water supply
2-21     that is:
2-22                 (1)  within two miles of the normal pool elevation of a
2-23     body of surface water that is a sole-source surface drinking water
2-24     supply;
2-25                 (2)  within two miles of that part of a perennial
2-26     stream that is:
2-27                       (A)  a tributary of a sole-source surface
 3-1     drinking water supply; and
 3-2                       (B)  within three linear miles upstream of the
 3-3     normal pool elevation of a sole-source surface drinking water
 3-4     supply; or
 3-5                 (3)  within two miles of that part of a stream that is
 3-6     a sole-source surface drinking water supply, extending three linear
 3-7     miles upstream from the water supply intake.
 3-8           SECTION 2.  This Act takes effect September 1, 2001.