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A BILL TO BE ENTITLED
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AN ACT
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relating to the development of seawater and brackish groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) With this state facing an ongoing drought, |
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continuing population growth, and the need to remain economically |
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competitive, this state must secure and develop plentiful and |
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cost-effective water supplies to meet the ever-increasing demand |
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for water. |
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(b) Brackish groundwater is a potential new source of water |
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for municipal, industrial, and other purposes. This state has an |
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estimated 880 trillion gallons of brackish groundwater, much of |
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which is untapped. For many years this water was considered largely |
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useless for most purposes, but advances in technology and pressures |
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on other supplies have revealed that brackish groundwater is in |
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fact a vital resource. In addition to providing potentially vast |
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new supplies, the development of brackish groundwater can reduce |
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pressures on the use of fresh groundwater. |
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(c) Many in the oil and gas industry in this state have made |
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significant strides to replace the use of fresh groundwater in |
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their operations with brackish groundwater. This is a positive |
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trend, and this Act is not intended to discourage the continued or |
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expanded use of brackish groundwater for oil and gas development or |
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to establish regulatory barriers or permitting requirements for the |
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use of brackish groundwater for that purpose. |
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(d) The purpose of this Act is to provide meaningful |
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incentives for the development of brackish groundwater in areas |
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where that development would have a minimal impact on existing |
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fresh groundwater use, while respecting private property rights in |
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groundwater and continuing to encourage the use of brackish |
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groundwater for purposes other than human consumption. |
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SECTION 2. Section 16.053(e), Water Code, is amended to |
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read as follows: |
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(e) Each regional water planning group shall submit to the |
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development board a regional water plan that: |
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(1) is consistent with the guidance principles for the |
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state water plan adopted by the development board under Section |
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16.051(d); |
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(2) provides information based on data provided or |
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approved by the development board in a format consistent with the |
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guidelines provided by the development board under Subsection (d); |
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(2-a) is consistent with the desired future conditions |
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adopted under Section 36.108 for the relevant aquifers located in |
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the regional water planning area as of the date the board most |
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recently adopted a state water plan under Section 16.051 or, at the |
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option of the regional water planning group, established subsequent |
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to the adoption of the most recent plan; |
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(3) identifies: |
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(A) each source of water supply in the regional |
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water planning area, including information supplied by the |
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executive administrator on the amount of modeled available |
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groundwater in accordance with the guidelines provided by the |
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development board under Subsections (d) and (f); |
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(B) factors specific to each source of water |
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supply to be considered in determining whether to initiate a |
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drought response; |
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(C) actions to be taken as part of the response; |
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and |
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(D) existing major water infrastructure |
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facilities that may be used for interconnections in the event of an |
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emergency shortage of water; |
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(4) has specific provisions for water management |
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strategies to be used during a drought of record; |
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(5) includes but is not limited to consideration of |
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the following: |
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(A) any existing water or drought planning |
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efforts addressing all or a portion of the region; |
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(B) approved groundwater conservation district |
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management plans and other plans submitted under Section 16.054; |
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(C) all potentially feasible water management |
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strategies, including but not limited to improved conservation, |
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reuse, and management of existing water supplies, conjunctive use, |
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acquisition of available existing water supplies, and development |
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of new water supplies; |
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(D) protection of existing water rights in the |
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region; |
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(E) opportunities for and the benefits of |
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developing regional water supply facilities or providing regional |
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management of water supply facilities; |
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(F) appropriate provision for environmental |
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water needs and for the effect of upstream development on the bays, |
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estuaries, and arms of the Gulf of Mexico and the effect of plans on |
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navigation; |
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(G) provisions in Section 11.085(k)(1) if |
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interbasin transfers are contemplated; |
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(H) voluntary transfer of water within the region |
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using, but not limited to, regional water banks, sales, leases, |
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options, subordination agreements, and financing agreements; [and] |
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(I) emergency transfer of water under Section |
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11.139, including information on the part of each permit, certified |
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filing, or certificate of adjudication for nonmunicipal use in the |
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region that may be transferred without causing unreasonable damage |
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to the property of the nonmunicipal water rights holder; and |
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(J) opportunities for and the benefits of |
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developing large-scale desalination facilities for seawater or |
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brackish groundwater that serve local or regional brackish |
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groundwater production zones identified and designated under |
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Section 16.060(b)(5); |
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(6) identifies river and stream segments of unique |
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ecological value and sites of unique value for the construction of |
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reservoirs that the regional water planning group recommends for |
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protection under Section 16.051; |
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(7) assesses the impact of the plan on unique river and |
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stream segments identified in Subdivision (6) if the regional water |
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planning group or the legislature determines that a site of unique |
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ecological value exists; |
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(8) describes the impact of proposed water projects on |
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water quality; and |
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(9) includes information on: |
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(A) projected water use and conservation in the |
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regional water planning area; and |
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(B) the implementation of state and regional |
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water plan projects, including water conservation strategies, |
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necessary to meet the state's projected water demands. |
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SECTION 3. Section 16.060, Water Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (d) and (e) |
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to read as follows: |
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(a) The board shall undertake or participate in research, |
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feasibility and facility planning studies, investigations, and |
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surveys as it considers necessary to further the development of |
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cost-effective water supplies from seawater or brackish |
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groundwater desalination in the state. |
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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; [and] |
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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; |
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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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(d) The board shall work together with groundwater |
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conservation districts and stakeholders and shall consider the |
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Brackish Groundwater Manual for Texas Regional Water Planning |
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Groups, and any updates to the manual, and other relevant |
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scientific data or findings when identifying and designating |
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brackish groundwater production zones under Subsection (b)(5). |
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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. |
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SECTION 4. (a) The Texas Water Development Board shall |
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include in the biennial progress report required by Section 16.060, |
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Water Code, that is due not later than December 1, 2016, an |
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identification and designation of brackish groundwater production |
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zones as required by that section as amended by this Act for the |
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following: |
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(1) the portion of the Carrizo-Wilcox Aquifer located |
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between the Colorado and Rio Grande Rivers; |
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(2) the Gulf Coast Aquifer and sediments bordering |
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that aquifer; |
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(3) the Blaine Aquifer; and |
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(4) the Rustler Aquifer. |
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(b) Not later than December 1, 2022, the Texas Water |
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Development Board shall identify and designate brackish |
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groundwater production zones for areas of this state not described |
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by Subsection (a) of this section. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |