BILL ANALYSIS
C.S.H.B. 1989
By: Rodriguez (Madla)
Natural Resources
5-9-95
Senate Committee Report (Substituted)
BACKGROUND
Presently, state law allows state water to be appropriated, stored,
or diverted for any beneficial use as mandated by the Texas Water
Code, Section 11.023(b), which outlines the purposes for which
water may be appropriated and used. This broad authorization
becomes limited if the proposed use of the state water is to
recharge the portions of the Edwards Aquifer under Kinney, Uvalde,
Medina, Bexar, Comal, and Hays counties as cited in Sections
11.023(c) and (d), Water Code.
PURPOSE
As proposed, C.S.H.B. 1989 provides for the underground storage of
appropriated water incidental to a beneficial use.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Sets forth legislative findings in relation to
underground storage of appropriated water incidental to a
beneficial use.
SECTION 2. Amends Chapter 11D, Water Code, by adding Sections
11.153, 11.154, and 11.155, as follows:
Sec. 11.153. PILOT PROJECTS FOR STORAGE OF APPROPRIATED WATER
IN AQUIFERS. (a) Requires the Natural Resource Conservation
Commission (commission) to investigate the feasibility of
storing appropriated water in various types of aquifers around
the state by encouraging the issuance of temporary or term
permits for pilot demonstration projects for the storage of
appropriated water for subsequent retrieval and beneficial use
in certain aquifers.
(b) Sets forth requirements for a permit described by
Subsection (a).
(c) Authorizes a permit holder, at the conclusion of a pilot
project, to file an appropriate application for a permit or
a permit amendment. Requires the commission, after
considering the success of a project, to determine whether
to issue a permit or permit amendment authorizing the
continued storage of the appropriated water in the aquifer.
(d) Prohibits a final order granting a permit or permit
amendment authorizing the storage of appropriated water for
subsequent beneficial use, other than for pilot projects,
from being issued before June 1, 1999.
(e) Requires the Texas Water Development Board (board) to
participate in the study of the pilot projects authorized by
Subsection (a). Provides that the pilot projects are
eligible for grants from the water loan assistance fund
established by Section 15.101. Authorizes the board to
authorize use of money from the research and planning fund
established by Section 15.402 to participate in the study of
pilot projects.
Sec. 11.154. PERMITS TO STORE APPROPRIATED WATER IN AQUIFERS.
(a) Sets forth provisions required to be included in an
application filed with the commission to undertake a pilot
project under Section 11.153.
(b)(1) Sets forth requirements for an applicant applying for
a permit or permit amendment to store appropriated water in
an underground reservoir or a subdivision of an underground
water reservoir that is under the jurisdiction of an
underground water conservation district (permit).
(2) Requires the commission to require that any agreement
the applicant reaches with the district that has
jurisdiction over the reservoir or subdivision regarding
the terms for the injection, storage, and withdrawal of
appropriated water be included as a condition of the
permit or permit amendment.
(c) Requires the commission, on completion of a pilot
project and receipt of an appropriate permit or permit
amendment application, to evaluate the success of the pilot
project. Sets forth the issues the commission must consider
for the purposes of issuing a final order granting a permit
or permit amendment authorizing the storage of appropriated
water incident to a beneficial use.
(d) Sets forth the relevant facts the commission may
consider in making its evaluation.
(e) Requires a permit to store appropriated water in an
underground water reservoir or subdivision to provide as a
condition of the permit that the permit holder register
specific kinds of wells and provide reports to districts.
Sec. 11.155. AQUIFER STORAGE PILOT PROJECT REPORTS. (a)
Requires the board and the commission, on completion of each
pilot project, to jointly prepare a report evaluating the
success of the project; and provide copies of the report to
the governor, lieutenant governor, and speaker of the house of
representatives.
(b) Requires the board to make other studies,
investigations, and surveys of the aquifers in the state as
it considers necessary to determine the occurrence,
quantity, quality, and availability of other aquifers in
which water may be stored and subsequently retrieved for
beneficial use. Sets forth the order of priority in which
the board is required to undertake the studies,
investigations, and surveys.
(c) Sets forth information for a report the board is
required, no later than January 1 of each odd-numbered year,
to prepare and provide to the legislature.
SECTION 3. Makes application of this Act prospective.
SECTION 4 Emergency clause.
Effective date: upon passage.