By: Larson	H.B. No. 835

	A BILL TO BE ENTITLED
	AN ACT
	relating to research, development and utilization of brackish
	groundwater resources.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 16.060, Water Code, is amended to read as
	follows:
	Sec. 16.060.  DESALINATION STUDIES AND RESEARCH. (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 water [seawater] desalination in the state.
	(b)  The board shall prepare a biennial progress report on
	the implementation of water [seawater] 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] water desalination during the preceding
	biennium;
	(2)  identification and evaluation of research,
	regulatory, technical, and financial impediments to the
	implementation of [seawater] water desalination projects;
	(3)  evaluation of the role the state should play in
	furthering the development of large-scale [seawater] water
	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;
	(5)  identification of brackish groundwater management
	zones with moderate to high availability and productivity of
	brackish water that can be used to reduce reliance on fresh
	groundwater and that:
	(A)  are separated by hydrogeologic barriers
	sufficient to prevent adverse impacts to water availability or
	water quality in other aquifers, subdivisions of aquifers, or
	geologic strata;
	(B)  are not part of an aquifer management unit
	for which a desired future condition has been established;
	(C)  are not, at the time of designation as a
	brackish groundwater management zone, serving as a primary water
	supply for any purpose other than supplying a desalination project;
	(D)  production from which will not result in
	subsidence; and
	(E)  are not located:
	(i)  within the boundaries of the
	Harris-Galveston Subsidence District or the Fort Bend Subsidence
	District; or
	(ii)  in the Edwards Aquifer and within the
	boundaries of the Edwards Aquifer Authority; and
	(6)  information regarding state participation in
	public-private partnerships to advance research efforts, implement
	pilot projects, and develop new technologies related to:
	(A)  water transport;
	(B)  brine disposal;
	(C)  pretreatment of water for desalination; and
	(D)  innovative concentrate management
	strategies.
	(c)  The board shall actively pursue federal sources of
	funding for desalination projects in the state.
	(d)  The board shall coordinate 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 brackish groundwater
	management zones under Subsection (b)(5).
	SECTION 2.  Subchapter D, Chapter 36, Water Code, is amended
	by adding Sections 36.1012 and 36.1013 to read as follows:
	Sec. 36.1012.  PETITION FOR DESIGNATION OF A BRACKISH
	GROUNDWATER MANAGEMENT ZONE.  (a)  A person with a legally defined
	interest in groundwater in a district may petition that district to
	establish a brackish groundwater management zone within the
	district by following the procedures in this section.  A "brackish
	groundwater management zone" means an aquifer, subdivision of an
	aquifer, or geologic stratum that:
	(1)  is separated by hydrogeologic barriers sufficient
	to prevent adverse impacts to water availability or water quality
	in other aquifers, subdivisions of aquifers, or geologic strata;
	(2)  is not part of an aquifer management unit for which
	a desired future condition has been established;
	(3)  is not, at the time of designation as a brackish
	groundwater management zone, serving as a primary water supply for
	any purpose other than supplying a desalination project;
	(4)  production from which will not result in
	subsidence; and
	(5)  is not located:
	(A)  within the boundaries of the
	Harris-Galveston Subsidence District or the Fort Bend Subsidence
	District; or
	(B)  in the Edwards Aquifer and within the
	boundaries of the Edwards Aquifer Authority.
	(b)  The district shall review the petition and either deem
	it to be administratively complete or return it with an explanation
	of how the petition is deficient.
	(c)  Upon request from the petitioner or on its own motion,
	the district may forward an administratively complete petition to
	the Texas Water Development Board for review, along with a copy of
	the relevant district rules and any other information the district
	deems relevant to review of the petition.
	(d)  If requested, Texas Water Development Board shall
	perform a technical review of the petition to determine:
	(1)  potential water quality or water quantity impacts
	to any aquifer, subdivision of an aquifer, or geologic stratum
	adjacent to the proposed brackish groundwater management zone; and
	(2)  whether production from the proposed zone will
	negatively impact the district's ability to achieve approved
	desired future conditions.
	(e)  Following the review, the Texas Water Development Board
	shall issue a report to the district detailing the findings under
	subsection (d).
	(f)  The district shall schedule a public hearing to consider
	the petition, and shall make the petition and any other relevant
	material available to any person upon request.
	Sec. 36.1013.  RULES FOR PERMITS IN BRACKISH GROUNDWATER
	MANAGEMENT ZONES.  (a)  A district may, by rule, designate one or
	more brackish groundwater management zones as a separate
	subdivision of an aquifer, and may issue permits with terms and
	conditions specific to that zone.
	(b)  After a district has designated a brackish groundwater
	management zone, the district shall adopt rules for the issuance of
	permits under Section 36.113 to withdraw groundwater specific to
	that brackish groundwater management zone. The rules must:
	(1)  allow withdrawals and rates of withdrawal from a
	brackish groundwater management zone that can be demonstrated as
	not having an impact on aquifers, a subdivision of an aquifer, or
	geologic stratum adjacent to the brackish groundwater management
	zone;
	(2)  require reasonable monitoring of the aquifers,
	subdivisions of aquifers, or geologic stratum adjacent to the
	brackish groundwater management zone;
	(3)  allow the district to amend a permit issued under
	rules adopted under this section following receipt of a report
	requested under Subsection (d); and
	(4)  require reports from the holder of a permit issued
	under rules adopted under this section that must include:
	(A)  the amount of groundwater withdrawn;
	(B)  the average monthly water quality of the
	groundwater withdrawn from both the brackish groundwater
	management zone and in any aquifer, subdivision of the aquifer, or
	geologic stratum for which the permit requires monitoring; and
	(C)  aquifer levels in both the brackish
	groundwater management 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)(4) to the Texas Water Development Board. On request
	from the district, the Texas Water Development Board shall
	investigate and issue a report on:
	(1)  impacts to water quantity in an adjacent aquifer,
	subdivision of an aquifer, or geologic stratum; or
	(2)  impacts to water quality in an adjacent 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)  with the approval of persons with a legally
	defined interest in groundwater within the district, 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, with the approval of persons with a legally defined
	interest in groundwater within the district, approve a mitigation
	plan.
	SECTION 3.  Section 36.205(a), Water Code, is amended to
	read as follows:
	(a)  A district may set fees for administrative acts of the
	district, such as filing applications or petitions. Fees set by a
	district may not unreasonably exceed the cost to the district of
	performing the administrative function for which the fee is
	charged.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.