By: Larson, Callegari H.B. No. 2578
 
  Substitute the following for H.B. No. 2578:
 
  By:  Callegari C.S.H.B. No. 2578
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the development of brackish groundwater.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.053(e), Water Code, is amended to
  read as follows:
         (e)  Each regional water planning group shall submit to the
  development board a regional water plan that:
               (1)  is consistent with the guidance principles for the
  state water plan adopted by the development board under Section
  16.051(d);
               (2)  provides information based on data provided or
  approved by the development board in a format consistent with the
  guidelines provided by the development board under Subsection (d);
               (2-a)  is consistent with the desired future conditions
  adopted under Section 36.108 for the relevant aquifers located in
  the regional water planning area as of the date the board most
  recently adopted a state water plan under Section 16.051 or, at the
  option of the regional water planning group, established subsequent
  to the adoption of the most recent plan;
               (3)  identifies:
                     (A)  each source of water supply in the regional
  water planning area, including information supplied by the
  executive administrator on the amount of modeled available
  groundwater in accordance with the guidelines provided by the
  development board under Subsections (d) and (f);
                     (B)  factors specific to each source of water
  supply to be considered in determining whether to initiate a
  drought response;
                     (C)  actions to be taken as part of the response;
  and
                     (D)  existing major water infrastructure
  facilities that may be used for interconnections in the event of an
  emergency shortage of water;
               (4)  has specific provisions for water management
  strategies to be used during a drought of record;
               (5)  includes but is not limited to consideration of
  the following:
                     (A)  any existing water or drought planning
  efforts addressing all or a portion of the region;
                     (B)  approved groundwater conservation district
  management plans and other plans submitted under Section 16.054;
                     (C)  all potentially feasible water management
  strategies, including but not limited to improved conservation,
  reuse, and management of existing water supplies, conjunctive use,
  acquisition of available existing water supplies, and development
  of new water supplies;
                     (D)  protection of existing water rights in the
  region;
                     (E)  opportunities for and the benefits of
  developing regional water supply facilities or providing regional
  management of water supply facilities;
                     (F)  appropriate provision for environmental
  water needs and for the effect of upstream development on the bays,
  estuaries, and arms of the Gulf of Mexico and the effect of plans on
  navigation;
                     (G)  provisions in Section 11.085(k)(1) if
  interbasin transfers are contemplated;
                     (H)  voluntary transfer of water within the region
  using, but not limited to, regional water banks, sales, leases,
  options, subordination agreements, and financing agreements; [and]
                     (I)  emergency transfer of water under Section
  11.139, including information on the part of each permit, certified
  filing, or certificate of adjudication for nonmunicipal use in the
  region that may be transferred without causing unreasonable damage
  to the property of the nonmunicipal water rights holder; and
                     (J)  opportunities for and the benefits of
  developing large-scale desalination facilities for brackish
  groundwater or seawater that serve local or regional brackish
  groundwater production zones identified or designated under
  Section 16.060(b)(5);
               (6)  identifies river and stream segments of unique
  ecological value and sites of unique value for the construction of
  reservoirs that the regional water planning group recommends for
  protection under Section 16.051;
               (7)  assesses the impact of the plan on unique river and
  stream segments identified in Subdivision (6) if the regional water
  planning group or the legislature determines that a site of unique
  ecological value exists;
               (8)  describes the impact of proposed water projects on
  water quality; and
               (9)  includes information on:
                     (A)  projected water use and conservation in the
  regional water planning area; and
                     (B)  the implementation of state and regional
  water plan projects, including water conservation strategies,
  necessary to meet the state's projected water demands.
         SECTION 2.  Section 16.060, Water Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  The board shall undertake or participate in research,
  feasibility and facility planning studies, investigations, and
  surveys as it considers necessary to further the development of
  cost-effective water supplies from seawater or brackish
  groundwater desalination in the state.
         (b)  The board shall prepare a biennial progress report on
  the implementation of seawater or brackish groundwater
  desalination activities in the state and shall submit it to the
  governor, lieutenant governor, and speaker of the house of
  representatives not later than December 1 of each even-numbered
  year. The report shall include:
               (1)  results of the board's studies and activities
  relative to seawater or brackish groundwater desalination during
  the preceding biennium;
               (2)  identification and evaluation of research,
  regulatory, technical, and financial impediments to the
  implementation of seawater or brackish groundwater desalination
  projects;
               (3)  evaluation of the role the state should play in
  furthering the development of large-scale seawater or brackish
  groundwater desalination projects in the state; [and]
               (4)  the anticipated appropriation from general
  revenues necessary to continue investigating water desalination
  activities in the state during the next biennium; and
               (5)  identification and designation of local or
  regional brackish groundwater production zones in areas of the
  state with moderate to high availability and productivity of
  brackish groundwater that can be used to reduce the use of fresh
  groundwater and that:
                     (A)  are separated by hydrogeologic barriers
  sufficient to prevent significant impacts to water availability or
  water quality in other aquifers, subdivisions of aquifers, or
  geologic stratum;
                     (B)  are not, at the time of designation as a
  brackish groundwater production zone, serving as a primary water
  supply for any purpose other than supplying a desalination project;
  and
                     (C)  are not located:
                           
                           (i)  in areas determined to be susceptible
  to subsidence; or
                           (ii)  in the Edwards Aquifer and within the
  boundaries of the Edwards Aquifer Authority.
         (d)  The board shall work together with groundwater
  conservation districts and stakeholders and shall consider the
  Brackish Groundwater Manual for Texas Regional Water Planning
  Groups, and any updates to the manual, and other relevant
  scientific data or findings when identifying and designating
  brackish groundwater production zones under Subsection (b)(5).
         SECTION 3.  Subchapter D, Chapter 36, Water Code, is amended
  by adding Section 36.1015 to read as follows:
         Sec. 36.1015.  RULES FOR PERMITS IN BRACKISH GROUNDWATER
  PRODUCTION ZONES. (a) In this section, "designated brackish
  groundwater production zone" means an aquifer, subdivision of an
  aquifer, or geologic stratum designated under Section
  16.060(b)(5).
         (b)  On receipt of a petition from a person with a legally
  defined interest in groundwater in the district, a district located
  over any part of a designated brackish groundwater production zone
  shall adopt rules for the issuance of permits to withdraw brackish
  groundwater from a well in a designated brackish groundwater
  production zone for a project designed to treat brackish
  groundwater to drinking water standards. The rules must:
               (1)  allow unlimited withdrawals and rates of
  withdrawal of brackish groundwater from a designated brackish
  groundwater production zone;
               (2)  provide for a minimum term of 30 years for a permit
  issued for a well that produces brackish groundwater from a
  designated brackish groundwater production zone;
               (3)  require reasonable monitoring of an aquifer,
  subdivision of an aquifer, or geologic stratum adjacent to a
  designated brackish groundwater production zone;
               (4)  allow the district to amend a permit issued under
  rules adopted under this section following receipt of a report
  requested under Subsection (c); and
               (5)  require reports from the holder of a permit issued
  under rules adopted under this section that must include:
                     (A)  the amount of brackish groundwater
  withdrawn;
                     (B)  the average monthly water quality of the
  brackish groundwater withdrawn; and
                     (C)  aquifer levels in both the designated
  brackish groundwater production zone and in any aquifer,
  subdivision of the aquifer, or geologic stratum for which the
  permit requires monitoring.
         (c)  The district shall provide the reports required under
  Subsection (b)(5) to the Texas Water Development Board. On request
  from the district, the development board shall investigate and
  issue a report on whether brackish groundwater withdrawals from the
  designated brackish groundwater production zone are causing:
               (1)  significant aquifer level declines; or
               (2)  adverse impacts to water quality in an aquifer,
  subdivision of an aquifer, or geologic stratum.
         (d)  After receiving a report requested under Subsection
  (c), the district may, after notice and hearing:
               (1)  amend the applicable permit to establish a
  production limit necessary to mitigate any impacts identified by
  the report;
               (2)  approve a mitigation plan that alleviates any
  adverse impacts identified by the report; or
               (3)  both amend the permit to establish a production
  limit and approve a mitigation plan.
         SECTION 4.  Section 36.1071(a), Water Code, is amended to
  read as follows:
         (a)  Following notice and hearing, the district shall, in
  coordination with surface water management entities on a regional
  basis, develop a management plan that addresses the following
  management goals, as applicable:
               (1)  providing the most efficient use of groundwater;
               (2)  controlling and preventing waste of groundwater;
               (3)  controlling and preventing subsidence;
               (4)  addressing conjunctive surface water management
  issues;
               (5)  addressing natural resource issues;
               (6)  addressing drought conditions;
               (7)  addressing conservation, recharge enhancement,
  rainwater harvesting, precipitation enhancement, or brush control,
  where appropriate and cost-effective; [and]
               (8)  addressing the desired future conditions adopted
  by the district under Section 36.108; and
               (9)  identifying goals for the development of brackish
  groundwater desalination strategies in designated brackish
  groundwater production zones.
         SECTION 5.  Section 36.108(d-2), Water Code, is amended to
  read as follows:
         (d-2)  The desired future conditions proposed under
  Subsection (d) must provide a balance between the highest
  practicable level of groundwater production and the conservation,
  preservation, protection, recharging, and prevention of waste of
  groundwater and control of subsidence in the management area. The
  desired future condition does not apply to brackish groundwater
  production in designated brackish groundwater production zones.
  This subsection does not prohibit the establishment of desired
  future conditions that provide for the reasonable long-term
  management of groundwater resources consistent with the management
  goals under Section 36.1071(a). The desired future conditions
  proposed under Subsection (d) must be approved by a two-thirds vote
  of all the district representatives for distribution to the
  districts in the management area. A period of not less than 90 days
  for public comments begins on the day the proposed desired future
  conditions are mailed to the districts. During the public comment
  period and after posting notice as required by Section 36.063, each
  district shall hold a public hearing on any proposed desired future
  conditions relevant to that district. During the public comment
  period, the district shall make available in its office a copy of
  the proposed desired future conditions and any supporting
  materials, such as the documentation of factors considered under
  Subsection (d) and groundwater availability model run results.
  After the public hearing, the district shall compile for
  consideration at the next joint planning meeting a summary of
  relevant comments received, any suggested revisions to the proposed
  desired future conditions, and the basis for the revisions.
         SECTION 6.  This Act takes effect September 1, 2013.