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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.
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SECTION 2. 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 seawater
or brackish groundwater that serve local or regional brackish groundwater
production zones identified and
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.
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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
strata;
(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) within the
boundaries of the Edwards Aquifer Authority
and over the Edwards Aquifer.
(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).
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SECTION 3. Section 16.060,
Water Code, is amended by amending Subsections (a) and (b) and adding
Subsections (d) and (e) 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 any area
of the same or other aquifers, subdivisions of aquifers, or geologic
strata that have an average total dissolved
solids level of 1,000 milligrams per liter or less at the time of designation
of the zones; and
(B) are not located in:
(i) an area of the
Edwards Aquifer subject to the jurisdiction
of the Edwards Aquifer Authority;
(ii) the boundaries of the:
(a) Barton Springs-Edwards Aquifer Conservation District;
(b) Harris-Galveston Subsidence District; or
(c) Fort Bend Subsidence District;
(iii) an aquifer, subdivision of an aquifer, or geologic stratum
that:
(a) has an average total dissolved solids level of more than 1,000
milligrams per liter; and
(b) is serving as a significant source of water supply for
municipal, domestic, or agricultural purposes at the time of designation of
the zones; or
(iv) an area of a geologic stratum that is designated or used for
wastewater injection through the use of injection wells or disposal wells
permitted under Chapter 27.
(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).
(e) In designating a brackish groundwater production zone under
this section, the board shall:
(1) determine the amount of brackish groundwater that the zone is
capable of producing over a 30-year period and a 50-year period without
causing a significant impact to water availability or water quality as
described by Subsection (b)(5)(A); and
(2) include in the designation description:
(A) the amounts of brackish groundwater that the zone is capable
of producing during the periods described by Subdivision (1); and
(B) recommendations regarding reasonable monitoring to observe the
effects of brackish groundwater production within the zone.
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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 an 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.
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No
equivalent provision.
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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.
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No
equivalent provision.
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