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A BILL TO BE ENTITLED
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AN ACT
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relating to the production and study of brackish groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 16.060(b) and (e), Water Code, are |
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amended to read as follows: |
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(b) The board shall prepare a biennial progress report on |
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the implementation of seawater or brackish groundwater |
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desalination activities in the state and shall submit it to the |
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governor, lieutenant governor, and speaker of the house of |
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representatives not later than December 1 of each even-numbered |
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year. The report shall include: |
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(1) results of the board's studies and activities |
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relative to seawater or brackish groundwater desalination during |
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the preceding biennium; |
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(2) identification and evaluation of research, |
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regulatory, technical, and financial impediments to the |
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implementation of seawater or brackish groundwater desalination |
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projects; |
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(3) evaluation of the role the state should play in |
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furthering the development of large-scale seawater or brackish |
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groundwater desalination projects in the state; |
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(4) the anticipated appropriation from general |
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revenues necessary to continue investigating water desalination |
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activities in the state during the next biennium; and |
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(5) identification and designation of local or |
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regional brackish groundwater production zones in areas of the |
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state with moderate to high availability and productivity of |
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brackish groundwater that can be used to reduce the use of fresh |
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groundwater and that: |
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(A) are separated by hydrogeologic barriers |
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sufficient to prevent significant impacts to water availability or |
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water quality in any area of the same or other aquifers, |
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subdivisions of aquifers, or geologic strata that have an average |
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total dissolved solids level of 1,000 milligrams per liter or less |
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at the time of designation of the zones; and |
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(B) are not located in: |
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(i) an area of the Edwards Aquifer subject |
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to the jurisdiction of the Edwards Aquifer Authority; |
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(ii) the boundaries of the: |
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(a) Barton Springs-Edwards Aquifer |
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Conservation District; |
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(b) Harris-Galveston Subsidence |
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District; or |
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(c) Fort Bend Subsidence District; or |
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(iii) an aquifer, subdivision of an |
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aquifer, or geologic stratum that: |
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(a) has an average total dissolved |
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solids level of more than 1,000 milligrams per liter; and |
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(b) is serving as a significant source |
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of water supply for municipal, domestic, or agricultural purposes |
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at the time of designation of the zones[; or |
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[(iv) an area of a geologic stratum that is |
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designated or used for wastewater injection through the use of |
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injection wells or disposal wells permitted under Chapter 27]. |
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(e) In designating a brackish groundwater production zone |
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under this section, the board shall: |
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(1) determine the amount of brackish groundwater that |
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the zone is capable of producing over a 30-year period and a 50-year |
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period without causing a significant impact to water availability |
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or water quality as described by Subsection (b)(5)(A); and |
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(2) include in the designation description: |
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(A) the amounts of brackish groundwater that the |
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zone is capable of producing during the periods described by |
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Subdivision (1); [and] |
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(B) recommendations regarding reasonable |
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monitoring to observe the effects of brackish groundwater |
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production within the zone; and |
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(C) an allocation of the available amounts of |
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brackish groundwater identified in Paragraph (A) to each |
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groundwater conservation district and county located in the zone. |
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SECTION 2. Section 36.117, Water Code, is amended by |
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amending Subsections (b) and (d) and adding Subsections (e-1), |
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(e-2), and (k-1) to read as follows: |
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(b) Except as provided by this section, a district shall |
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provide an exemption from the district requirement to obtain a |
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permit for: |
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(1) drilling or operating a well used solely for |
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domestic use or for providing water for livestock or poultry if the |
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well is: |
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(A) located or to be located on a tract of land |
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larger than 10 acres; and |
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(B) drilled, completed, or equipped so that it is |
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incapable of producing more than 25,000 gallons of groundwater a |
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day; |
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(2) drilling a water well used solely to supply water |
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for a rig that is actively engaged in drilling or exploration |
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operations for an oil or gas well permitted by the Railroad |
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Commission of Texas provided that the person holding the permit is |
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responsible for drilling and operating the water well and the water |
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well is located on the same lease or field associated with the |
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drilling rig; |
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(3) drilling a water well authorized under a permit |
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issued by the Railroad Commission of Texas under Chapter 134, |
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Natural Resources Code, or for production from the well to the |
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extent the withdrawals are required for mining activities |
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regardless of any subsequent use of the water; [or] |
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(4) drilling a water well for temporary use to supply |
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water for a rig that is actively engaged in drilling a groundwater |
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production well permitted by the district; or |
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(5) drilling or operating a well for the withdrawal of |
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groundwater from a designated brackish groundwater production |
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zone, as defined by Section 36.1015, if: |
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(A) the operator of the well provides the |
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district with documentation: |
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(i) from an environmental testing |
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laboratory accredited under commission rules for water quality |
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analysis in permitting decisions demonstrating that the well |
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produces water with a total dissolved solids concentration of at |
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least 3,000 milligrams per liter; and |
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(ii) showing that the operator has acquired |
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a real property interest in the groundwater described by this |
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paragraph underlying the tracts of land within the spacing area |
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assigned to the well or the spacing distances required for the |
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drilling of other wells, as applicable, under the well spacing |
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rules of the district; and |
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(B) total brackish groundwater production from |
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the area of the designated brackish groundwater production zone |
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located in the district would not exceed the applicable estimated |
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withdrawal amounts allocated to the district by the Texas Water |
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Development Board pursuant to Section 16.060(e)(2)(C). |
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(d) A district may cancel a previously granted exemption and |
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may require an operating permit for or restrict production from a |
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well and assess any appropriate fees if: |
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(1) the groundwater withdrawals that were exempted |
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under Subsection (b)(1) are no longer used solely for domestic use |
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or to provide water for livestock or poultry; |
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(2) the groundwater withdrawals that were exempted |
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under Subsection (b)(2) are no longer used solely to supply water |
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for a rig that is actively engaged in drilling or exploration |
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operations for an oil or gas well permitted by the Railroad |
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Commission of Texas; |
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(3) the groundwater withdrawals that were exempted |
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under Subsection (b)(3) are no longer necessary for mining |
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activities or are greater than the amount necessary for mining |
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activities specified in the permit issued by the Railroad |
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Commission of Texas under Chapter 134, Natural Resources Code; [or] |
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(4) the groundwater withdrawals that were exempted |
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under Subsection (b)(4) are no longer used solely to supply water |
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for a rig that is actively engaged in drilling a groundwater |
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production well permitted by the district; or |
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(5) for groundwater withdrawals that were exempted |
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under Subsection (b)(5): |
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(A) the withdrawals are no longer from a |
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designated brackish groundwater production zone, as defined by |
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Section 36.1015; or |
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(B) the groundwater produced no longer has an |
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average total dissolved solids concentration of 3,000 milligrams |
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per liter or more. |
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(e-1) A person owning or operating a well withdrawing water |
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from a brackish groundwater production zone that is exempt from the |
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requirement to obtain a permit under Subsection (b)(5) shall: |
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(1) implement a monitoring system approved by the |
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district that accomplishes the purposes of Sections 36.1015(e)(4) |
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and (5); and |
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(2) submit an annual report to the district that |
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contains the information required by Section 36.1015(e)(6). |
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(e-2) Before approving a proposed monitoring system under |
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Subsection (e-1), the district shall consult with the Texas Water |
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Development Board to ensure that the proposed monitoring system |
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aligns with the recommendations provided under Section |
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16.060(e)(2)(B) and with Sections 36.1015(e)(4) and (5). The |
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district shall provide each report required under Subsection |
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(e-1)(2) to the development board. |
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(k-1) Notwithstanding Subsection (k) or any other law, a |
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district may not subject water withdrawn from a well exempted from a |
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permit requirement by Subsection (b)(5) to a transport or export |
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fee. |
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SECTION 3. Section 36.205, Water Code, is amended by adding |
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Subsection (h) to read as follows: |
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(h) A district may not assess a production fee under this |
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section for any water produced under an exemption under Section |
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36.117(b)(5). |
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SECTION 4. Sections 36.117(k-1) and 36.205(h), Water Code, |
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as added by this Act, apply only to water withdrawn from a well on or |
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after the effective date of this Act. Water withdrawn from a well |
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before the effective date of this Act is governed by the law in |
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effect on the date the water is withdrawn, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |
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* * * * * |