85R13449 SMH-F
 
  By: Larson H.B. No. 2885
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authorization by the Texas Commission on
  Environmental Quality of the discharge, diversion, and transfer or
  other reuse of return flows derived from treated brackish
  groundwater.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.042, Water Code, is amended by adding
  Subsection (b-1) to read as follows:
         (b-1)  The commission shall grant an authorization described
  by Subsection (b) if:
               (1)  the groundwater is treated brackish groundwater;
  and
               (2)  the person is authorized under Chapter 26 to
  discharge the groundwater into the watercourse or stream.
         SECTION 2.  Section 11.085, Water Code, is amended by adding
  Subsection (u-1) and amending Subsection (v) to read as follows:
         (u-1)  The commission shall grant a water right or an
  amendment to a permit, certified filing, or certificate of
  adjudication described by Subsection (a) to an applicant who
  proposes to divert the applicant's existing return flows from
  treated brackish groundwater and transfer those flows to another
  river basin.
         (v)  The provisions of this section, except Subsection (a),
  do not apply to:
               (1)  a proposed transfer which in combination with any
  existing transfers totals less than 3,000 acre-feet of water per
  annum from the same permit, certified filing, or certificate of
  adjudication;
               (2)  a request for an emergency transfer of water;
               (3)  a proposed transfer from a basin to its adjoining
  coastal basin;
               (4)  a proposed transfer from the part of the
  geographic area of a county or municipality, or the part of the
  retail service area of a retail public utility as defined by Section
  13.002, that is within the basin of origin for use in that part of
  the geographic area of the county or municipality, or that
  contiguous part of the retail service area of the utility, not
  within the basin of origin; [or]
               (5)  a proposed transfer of water that is:
                     (A)  imported from a source located wholly outside
  the boundaries of this state, except water that is imported from a
  source located in the United Mexican States;
                     (B)  for use in this state; and
                     (C)  transported by using the bed and banks of any
  flowing natural stream located in this state; or
               (6)  a proposed transfer of water described by
  Subsection (u-1).
         SECTION 3.  The change in law made by this Act to Section
  11.042, Water Code, applies only to an application for an
  authorization to discharge and then subsequently divert and reuse
  the applicant's existing return flows derived from treated brackish
  groundwater that is filed with the Texas Commission on
  Environmental Quality on or after the effective date of this Act.
  An application that is filed before the effective date of this Act
  is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 4.  The changes in law made by this Act to Section
  11.085, Water Code, apply only to an application for a water right
  or an amendment to a permit, certified filing, or certificate of
  adjudication authorizing an interbasin transfer of water that is
  filed with the Texas Commission on Environmental Quality on or
  after the effective date of this Act. An application that is filed
  before the effective date of this Act is governed by the law as it
  existed immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.