Bill Text: TX HB228 | 2017 | 85th Legislature 1st Special Session | Comm Sub


Bill Title: Relating to appropriations of water for use in aquifer storage and recovery projects.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-07-31 - Committee report sent to Calendars [HB228 Detail]

Download: Texas-2017-HB228-Comm_Sub.html
  85S10524 SLB-F
 
  By: Larson, Workman H.B. No. 228
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to appropriations of water for use in aquifer storage and
  recovery projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.153, Water Code, is amended by
  amending Subsection (c) and adding Subsections (d), (e), and (f) to
  read as follows:
         (c)  The [This section does not preclude the] commission may
  consider [from considering] an aquifer storage and recovery project
  to be a component of a project permitted under this chapter that is
  not required to be based on the continuous availability of
  historic, normal stream flow.
         (d)  An aquifer storage and recovery project may involve the
  use of water derived from multiple sources, including a new
  appropriation of water. Except as provided by Subsection (e), a
  water right or an amendment to a water right authorizing a new
  appropriation of water for use in an aquifer storage and recovery
  project:
               (1)  must include any special conditions the commission
  considers necessary to implement this section; 
               (2)  may be for water that is not continuously
  available;
               (3)  may authorize the diversion and use of excess
  flows in a watercourse or stream that would otherwise flow into the
  Gulf of Mexico; and
               (4)  may not interfere with or negatively affect:
                     (A)  existing water rights in the same river basin
  as the diversion point for the new appropriation; or
                     (B)  applicable environmental flow standards
  adopted under Section 11.1471.
         (e)  Before approving an application for a water right or an
  amendment to a water right for a new appropriation of water in the
  Rio Grande basin for an aquifer storage and recovery project, the
  commission shall consider the water accounting requirements for any
  international water sharing treaty, minutes, and agreement
  applicable to the Rio Grande basin and the effect of the project on
  the allocation of water by the Rio Grande watermaster in the middle
  and lower Rio Grande. The commission may not authorize a new
  appropriation of water that would result in a violation of a treaty
  or court decision.
         (f)  The commission may adopt rules providing an expedited
  procedure for acting on an application for a water right or an
  amendment to a water right under this section.
         SECTION 2.  Subchapter D, Chapter 11, Water Code, is amended
  by adding Section 11.156 to read as follows:
         Sec. 11.156.  AMENDMENT TO CONVERT USE FROM RESERVOIR
  STORAGE TO AQUIFER STORAGE AND RECOVERY.  (a)  In this section,
  "aquifer storage and recovery project" has the meaning assigned by
  Section 27.151.
         (b)  A holder of a water right authorizing an appropriation
  of water for storage in a storage reservoir that has not been
  constructed may file an application for an amendment to the water
  right to change the use or purpose for which the appropriation is to
  be made to storage in an aquifer as part of an aquifer storage and
  recovery project.
         (c)  An application for an amendment to a water right
  described by Subsection (b) may request an increase in the amount of
  water that may be diverted or the rate of diversion on the basis of
  an evaporation credit that takes into account the amount of water
  that would have evaporated if the storage reservoir had been
  constructed.
         (d)  An application for an amendment to a water right
  described by Subsection (b):
               (1)  is exempt from any notice and hearing requirements
  of a statute, commission rule, or permit condition and may not be
  referred to the State Office of Administrative Hearings for a
  contested case hearing if the application does not request:
                     (A)  an increase in the amount of water that may be
  diverted or the rate of diversion; or
                     (B)  a change in the diversion point; and
               (2)  is subject to the notice and hearing requirements
  of this chapter if the application requests:
                     (A)  an increase in the amount of water that may be
  diverted or the rate of diversion, including an increase on the
  basis of an evaporation credit; or
                     (B)  a change in the diversion point.
         (e)  If the commission grants an application for an amendment
  to a water right described by Subsection (d)(2), the commission
  shall include in the amendment any special conditions the
  commission considers necessary to:
               (1)  protect existing water rights; and
               (2)  comply with any applicable environmental flow
  standards established under Section 11.1471.
         (f)  The commission may adopt rules providing an expedited
  procedure for acting on an application for an amendment to a water
  right described by Subsection (b).
         SECTION 3.  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 December 1, 2017.
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