85R8593 SLB-F     By: Larson H.B. No. 2377       A BILL TO BE ENTITLED   AN ACT   relating to the development of brackish groundwater.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 36, Water Code, is amended   by adding Section 36.1015 to read as follows:          Sec. 36.1015.  RULES FOR PERMITS IN BRACKISH GROUNDWATER   PRODUCTION ZONES. (a)  In this section, "designated brackish   groundwater production zone" means an aquifer, subdivision of an   aquifer, or geologic stratum designated under Section   16.060(b)(5).          (b)  A district located over any part of a designated   brackish groundwater production zone that receives a petition from   a person with a legally defined interest in groundwater in the   district shall adopt rules to govern the issuance of permits to   withdraw brackish groundwater from a well in a designated brackish   groundwater production zone for a project designed to treat   brackish groundwater to drinking water standards. The district   must adopt the rules not later than the 180th day after the date the   district receives the petition.  The rules must:                (1)  allow withdrawals and rates of withdrawal of   brackish groundwater from a designated brackish groundwater   production zone not to exceed and consistent with the withdrawal   amounts identified in Section 16.060(e);                (2)  provide for a minimum term of 30 years for a permit   issued for a well that produces brackish groundwater from a   designated brackish groundwater production zone;                (3)  allow reasonable monitoring of an aquifer,   subdivision of an aquifer, or geologic stratum adjacent to a   designated brackish groundwater production zone consistent with   those required for fresh groundwater production;                (4)  allow the district to amend a permit issued under   rules adopted under this section following receipt of a report   requested under Subsection (c); and                (5)  require from the holder of a permit issued under   rules adopted under this section reports that must include:                      (A)  the amount of brackish groundwater   withdrawn;                      (B)  the average monthly water quality of the   brackish groundwater withdrawn; and                      (C)  aquifer levels in both the designated   brackish groundwater production zone and in any aquifer,   subdivision of the aquifer, or geologic stratum for which the   permit requires monitoring.          (c)  The district shall provide the reports required under   Subsection (b)(5) to the Texas Water Development Board. On request   from the district, the development board shall investigate and   issue a report on whether brackish groundwater withdrawals from the   designated brackish groundwater production zone are causing:                (1)  significant aquifer level declines in an adjacent   freshwater aquifer that were not anticipated by the Texas Water   Development Board in the designation of the zone; or                (2)  negative effects on quality of water in an   aquifer, subdivision of an aquifer, or geologic stratum.          (d)  After receiving from the Texas Water Development Board a   report issued under Subsection (c) and after notice and hearing,   the district may:                (1)  amend the applicable permit to establish a   production limit necessary to mitigate any negative effects   identified by the report;                (2)  approve a mitigation plan that alleviates any   negative effects identified by the report; or                (3)  both amend the permit to establish a production   limit and approve a mitigation plan.          SECTION 2.  Section 36.1071(a), Water Code, is amended to   read as follows:          (a)  Following notice and hearing, the district shall, in   coordination with surface water management entities on a regional   basis, develop a management plan that addresses the following   management goals, as applicable:                (1)  providing the most efficient use of groundwater;                (2)  controlling and preventing waste of groundwater;                (3)  controlling and preventing subsidence;                (4)  addressing conjunctive surface water management   issues;                (5)  addressing natural resource issues;                (6)  addressing drought conditions;                (7)  addressing conservation, recharge enhancement,   rainwater harvesting, precipitation enhancement, or brush control,   where appropriate and cost-effective; [and]                (8)  addressing the desired future conditions adopted   by the district under Section 36.108; and                (9)  identifying goals for the development of brackish   groundwater desalination strategies in designated brackish   groundwater production zones.          SECTION 3.  Section 36.108(d-2), Water Code, is amended to   read as follows:          (d-2)  The desired future conditions proposed under   Subsection (d) must provide a balance between the highest   practicable level of groundwater production and the conservation,   preservation, protection, recharging, and prevention of waste of   groundwater and control of subsidence in the management area.  The   desired future condition does not apply to brackish groundwater   production in designated brackish groundwater production zones.     This subsection does not prohibit the establishment of desired   future conditions that provide for the reasonable long-term   management of groundwater resources consistent with the management   goals under Section 36.1071(a).  The desired future conditions   proposed under Subsection (d) must be approved by a two-thirds vote   of all the district representatives for distribution to the   districts in the management area.  A period of not less than 90 days   for public comments begins on the day the proposed desired future   conditions are mailed to the districts.  During the public comment   period and after posting notice as required by Section 36.063, each   district shall hold a public hearing on any proposed desired future   conditions relevant to that district.  During the public comment   period, the district shall make available in its office a copy of   the proposed desired future conditions and any supporting   materials, such as the documentation of factors considered under   Subsection (d) and groundwater availability model run results.     After the public hearing, the district shall compile for   consideration at the next joint planning meeting a summary of   relevant comments received, any suggested revisions to the proposed   desired future conditions, and the basis for the revisions.          SECTION 4.  This Act takes effect September 1, 2017.