84R6289 SLB-F
	By: Larson	H.B. No. 30

	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 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).
	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.
	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 conditions do 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, 2015.