74R10037 JJT-F
          By Rodriguez, Thompson, Lewis of Orange,              H.B. No. 1989
             Longoria
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the underground storage of appropriated water
    1-3  incidental to a beneficial use.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The legislature finds that:
    1-6              (1)  the underground storage of appropriated water,
    1-7  incidental to a beneficial use, is a beneficial use of water;
    1-8              (2)  the use of aquifers for storage of appropriated
    1-9  water:
   1-10                    (A)  enhances the conservation and protection of
   1-11  appropriated water by minimizing seepage and evaporation losses;
   1-12                    (B)  reduces the incidental environmental impacts
   1-13  associated with the construction of conventional water storage
   1-14  facilities such as aboveground reservoirs; and
   1-15                    (C)  enhances and protects groundwater resources;
   1-16              (3)  the underground storage of appropriated water
   1-17  maximizes the conservation and beneficial use of water resources;
   1-18              (4)  the storage of appropriated water in aquifers
   1-19  recognizes existing property rights, including the rights of a
   1-20  landowner in groundwater;
   1-21              (5)  the storage of appropriated water in aquifers
   1-22  recognizes the authority and jurisdiction of an underground water
   1-23  conservation district;
    2-1              (6)  the use of aquifers for storage of appropriated
    2-2  water may reduce a portion of the economic burden on taxpayers and
    2-3  utility ratepayers associated with the construction of conventional
    2-4  water storage facilities;
    2-5              (7)  the successful storage of appropriated water
    2-6  underground has been demonstrated in Kerr County by the Upper
    2-7  Guadalupe River Authority in the Hosston-Sligo Aquifer; and
    2-8              (8)  the Texas Natural Resource Conservation Commission
    2-9  and the Texas Water Development Board are encouraged to evaluate
   2-10  additional aquifers within the state to identify the potential for
   2-11  storage of appropriated water underground to maximize and enhance
   2-12  the future availability and beneficial use of the water resources
   2-13  of the state.
   2-14        SECTION 2.  Subchapter D, Chapter 11, Water Code, is amended
   2-15  by adding Sections 11.153, 11.154, and 11.155 to read as follows:
   2-16        Sec. 11.153.  PILOT PROJECTS FOR STORAGE OF APPROPRIATED
   2-17  WATER IN AQUIFERS.  (a)  The commission shall investigate the
   2-18  feasibility of storing  appropriated water in various types of
   2-19  aquifers around the state by encouraging the issuance of temporary
   2-20  or term permits for pilot demonstration projects for the storage of
   2-21  appropriated water for subsequent retrieval and beneficial use in
   2-22  the following aquifers in the specified counties:
   2-23              (1)  the Anacacho, Austin Chalk, and Glen Rose
   2-24  Limestone aquifers in Bexar County;
   2-25              (2)  the Carrizo-Wilcox aquifer in Bexar, Smith, Wood,
    3-1  Rains, and Van Zandt counties;
    3-2              (3)  the Hickory and Ellenberger aquifers in Gillespie
    3-3  County; and
    3-4              (4)  the Gulf Coast aquifer in Cameron and Hidalgo
    3-5  counties.
    3-6        (b)  A permit described by Subsection (a) must:
    3-7              (1)  be for only the duration of the pilot project to
    3-8  provide the commission and the board further opportunity to
    3-9  evaluate the storage of appropriated water in aquifers for
   3-10  subsequent retrieval and beneficial use; and
   3-11              (2)  expire on or before June 1, 1999.
   3-12        (c)  The board shall participate in the study of the pilot
   3-13  projects authorized by Subsection (a).  The pilot projects are
   3-14  eligible for grants from the water loan assistance fund established
   3-15  by Section 15.101.  The board may authorize use of money from the
   3-16  research and planning fund established by Section 15.402 to
   3-17  participate in the study of pilot projects.
   3-18        Sec. 11.154.  PERMITS TO STORE APPROPRIATED WATER IN
   3-19  AQUIFERS.  (a)  An application filed with the commission to
   3-20  undertake a pilot project under Section 11.153 must include:
   3-21              (1)  the information required for an application for a
   3-22  permit or permit amendment to appropriate water;
   3-23              (2)  all information required for an application for a
   3-24  permit for a Class V injection well without requiring a separate
   3-25  hearing or notice; and
    4-1              (3)  a map or plat showing the injection facility and
    4-2  the aquifer in which the water will be stored.
    4-3        (b)  If the application is for a permit or permit amendment
    4-4  to store  appropriated water in an underground water reservoir or a
    4-5  subdivision of an underground water reservoir, as defined by
    4-6  Chapter 52, that is under the jurisdiction of an underground water
    4-7  conservation district:
    4-8              (1)  the applicant shall:
    4-9                    (A)  provide a copy of the application to each
   4-10  underground water conservation district that has jurisdiction over
   4-11  the reservoir or subdivision;
   4-12                    (B)  cooperate with the districts that have
   4-13  jurisdiction over the reservoir or subdivision to ensure compliance
   4-14  with the rules of each district; and
   4-15                    (C)  cooperate with each district that has
   4-16  jurisdiction over the reservoir or subdivision to develop rules
   4-17  regarding the injection, storage, and withdrawal of appropriated
   4-18  water stored in the aquifer; and
   4-19              (2)  the commission shall require as a condition of the
   4-20  permit or permit amendment that the applicant reach an agreement
   4-21  with each district that has jurisdiction over the reservoir or
   4-22  subdivision regarding the terms for the injection, storage, and
   4-23  withdrawal of appropriated water.
   4-24        Sec. 11.155.  AQUIFER STORAGE PILOT PROJECT REPORTS.  (a)  On
   4-25  completion of each pilot project, the board and the commission
    5-1  jointly shall:
    5-2              (1)  prepare a report evaluating the success of the
    5-3  project; and
    5-4              (2)  provide copies of the report to the governor,
    5-5  lieutenant governor, and speaker of the house of representatives.
    5-6        (b)  The board shall make other studies, investigations, and
    5-7  surveys of the aquifers in the state as it considers necessary to
    5-8  determine the occurrence, quantity, quality, and availability of
    5-9  other aquifers in which water may be stored and subsequently
   5-10  retrieved for beneficial use.  The board shall undertake the
   5-11  studies, investigations, and surveys in the following order of
   5-12  priority:
   5-13              (1)  the aquifers identified in Section 11.153(a);
   5-14              (2)  areas designated by the commission as "critical
   5-15  areas" under Section 52.053; and
   5-16              (3)  other areas of the state in a priority to be
   5-17  determined by the board's ranking of where the greatest need
   5-18  exists.
   5-19        (c)  Not later than January 1 of each odd-numbered year, the
   5-20  board shall prepare and provide to the legislature a report that
   5-21  includes at least the following information:
   5-22              (1)  the progress of the pilot projects authorized
   5-23  under this subchapter and of any related project;
   5-24              (2)  the results of the board's studies of the other
   5-25  aquifers of the state during the preceding biennium; and
    6-1              (3)  the anticipated appropriation from general
    6-2  revenues necessary to investigate other state aquifers during the
    6-3  upcoming biennium.
    6-4        SECTION 3.  (a)  The change in law made by this Act applies
    6-5  only to an application made on or after the effective date of this
    6-6  Act for a permit or a permit amendment for a pilot project to
    6-7  appropriate water and to store appropriated water in an aquifer
    6-8  identified in this Act.
    6-9        (b)  A permit issued by the commission authorizing the
   6-10  storage of  appropriated water in an aquifer incident to a
   6-11  beneficial use before the effective date of this Act or an
   6-12  application for a permit or permit amendment to appropriate water
   6-13  that includes authorization to store appropriated water in an
   6-14  underground structure filed before the effective date of this Act
   6-15  is not affected by the changes in law made by this Act.
   6-16        SECTION 4.  The importance of this legislation and the
   6-17  crowded condition of the calendars in both houses create an
   6-18  emergency and an imperative public necessity that the
   6-19  constitutional rule requiring bills to be read on three several
   6-20  days in each house be suspended, and this rule is hereby suspended,
   6-21  and that this Act take effect and be in force from and after its
   6-22  passage, and it is so enacted.