SB2658 - Relating to the production and study of brackish groundwater.

      By: Perry S.B. No. 2658     A BILL TO BE ENTITLED   AN ACT   relating to the production and study of brackish groundwater.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 16.060(b) and (e), Water Code, are   amended to read as follows:          (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;                (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 any area of the same or other aquifers,   subdivisions of aquifers, or geologic strata that have an average   total dissolved solids level of 1,000 milligrams per liter or less   at the time of designation of the zones; and                      (B)  are not located in:                            (i)  an area of the Edwards Aquifer subject   to the jurisdiction of the Edwards Aquifer Authority;                            (ii)  the boundaries of the:                                  (a)  Barton Springs-Edwards Aquifer   Conservation District;                                  (b)  Harris-Galveston Subsidence   District; or                                  (c)  Fort Bend Subsidence District; or                            (iii)  an aquifer, subdivision of an   aquifer, or geologic stratum that:                                  (a)  has an average total dissolved   solids level of more than 1,000 milligrams per liter; and                                  (b)  is serving as a significant source   of water supply for municipal, domestic, or agricultural purposes   at the time of designation of the zones[ ; or                            [ (iv)     an area of a geologic stratum that is   designated or used for wastewater injection through the use of   injection wells or disposal wells permitted under Chapter 27 ].          (e)  In designating a brackish groundwater production zone   under this section, the board shall:                (1)  determine the amount of brackish groundwater that   the zone is capable of producing over a 30-year period and a 50-year   period without causing a significant impact to water availability   or water quality as described by Subsection (b)(5)(A); and                (2)  include in the designation description:                      (A)  the amounts of brackish groundwater that the   zone is capable of producing during the periods described by   Subdivision (1); [ and ]                      (B)  recommendations regarding reasonable   monitoring to observe the effects of brackish groundwater   production within the zone ;                       (C)     an allocation of the available amounts of   brackish groundwater identified in Paragraph (A) to each   groundwater conservation district and county located in the zone;   and                       (D)     a description of any area of a geologic   stratum in the zone that is designated or used for wastewater   injection through the use of injection or disposal wells permitted   under Chapter 27 .          SECTION 2.  Section 36.117, Water Code, is amended by   amending Subsections (b) and (d) and adding Subsections (e-1),   (e-2), (e-3), and (k-1) to read as follows:          (b)  Except as provided by this section, a district shall   provide an exemption from the district requirement to obtain a   permit for:                (1)  drilling or operating a well used solely for   domestic use or for providing water for livestock or poultry if the   well is:                      (A)  located or to be located on a tract of land   larger than 10 acres; and                      (B)  drilled, completed, or equipped so that it is   incapable of producing more than 25,000 gallons of groundwater a   day;                (2)  drilling a water well used solely to supply water   for a rig that is actively engaged in drilling or exploration   operations for an oil or gas well permitted by the Railroad   Commission of Texas provided that the person holding the permit is   responsible for drilling and operating the water well and the water   well is located on the same lease or field associated with the   drilling rig;                (3)  drilling a water well authorized under a permit   issued by the Railroad Commission of Texas under Chapter 134,   Natural Resources Code, or for production from the well to the   extent the withdrawals are required for mining activities   regardless of any subsequent use of the water; [ or ]                (4)  drilling a water well for temporary use to supply   water for a rig that is actively engaged in drilling a groundwater   production well permitted by the district ; or                 (5)     drilling or operating a well for the withdrawal of   groundwater from a designated brackish groundwater production   zone, as defined by Section 36.1015, if:                       (A)     the operator of the well provides the   district with documentation:                             (i)     from an environmental testing   laboratory accredited under commission rules for water quality   analysis in permitting decisions demonstrating that the well   produces water with a total dissolved solids concentration of at   least 3,000 milligrams per liter; and                             (ii)     showing that the operator has acquired   a real property interest in the groundwater described by this   paragraph underlying each tract of land within the spacing area   assigned to the well or the spacing distances required for the   drilling of other wells, as applicable, under the well spacing   rules of the district; and                       (B)     total brackish groundwater production from   the area of the designated brackish groundwater production zone   located in the district would not exceed the applicable estimated   withdrawal amounts allocated to the district by the Texas Water   Development Board pursuant to Section 16.060(e)(2)(C) .          (d)  A district may cancel a previously granted exemption and   may require an operating permit for or restrict production from a   well and assess any appropriate fees if:                (1)  the groundwater withdrawals that were exempted   under Subsection (b)(1) are no longer used solely for domestic use   or to provide water for livestock or poultry;                (2)  the groundwater withdrawals that were exempted   under Subsection (b)(2) are no longer used solely to supply water   for a rig that is actively engaged in drilling or exploration   operations for an oil or gas well permitted by the Railroad   Commission of Texas;                (3)  the groundwater withdrawals that were exempted   under Subsection (b)(3) are no longer necessary for mining   activities or are greater than the amount necessary for mining   activities specified in the permit issued by the Railroad   Commission of Texas under Chapter 134, Natural Resources Code; [ or ]                (4)  the groundwater withdrawals that were exempted   under Subsection (b)(4) are no longer used solely to supply water   for a rig that is actively engaged in drilling a groundwater   production well permitted by the district ; or                 (5)     for groundwater withdrawals that were exempted   under Subsection (b)(5):                       (A)     the withdrawals are no longer from a   designated brackish groundwater production zone, as defined by   Section 36.1015; or                       (B)     the groundwater produced no longer has an   average total dissolved solids concentration of 3,000 milligrams   per liter or more .           (e-1)     A person owning or operating a well withdrawing water   from a brackish groundwater production zone that is exempt from the   requirement to obtain a permit under Subsection (b)(5) shall:                 (1)     implement a monitoring system approved by the   district that accomplishes the purposes of Sections 36.1015(e)(4)   and (5); and                 (2)     submit an annual report to the district that   contains the information required by Section 36.1015(e)(6).           (e-2)     Before approving a proposed monitoring system under   Subs [Text truncated for display. 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