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A BILL TO BE ENTITLED
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AN ACT
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relating to appropriations of water for use in aquifer storage and |
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recovery projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.153, Water Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) The [This section does not preclude the] commission may |
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consider [from considering] an aquifer storage and recovery project |
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to be a component of a project permitted under this chapter that is |
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not required to be based on the continuous availability of |
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historic, normal stream flow. |
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(d) An aquifer storage and recovery project may involve the |
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use of water derived from multiple sources, including a new |
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appropriation of water. Except as provided by Subsection (e), a |
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water right or an amendment to a water right authorizing a new |
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appropriation of water for use in an aquifer storage and recovery |
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project: |
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(1) must include any special conditions the commission |
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considers necessary to implement this section; |
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(2) may be for water that is not continuously |
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available; |
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(3) may authorize the diversion and use of excess |
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flows in a watercourse or stream that would otherwise flow into the |
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Gulf of Mexico; and |
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(4) may not interfere with or negatively affect: |
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(A) existing water rights in the same river basin |
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as the diversion point for the new appropriation; or |
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(B) applicable environmental flow standards |
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adopted under Section 11.1471. |
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(e) Before approving an application for a water right or an |
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amendment to a water right for a new appropriation of water in the |
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Rio Grande basin for an aquifer storage and recovery project, the |
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commission shall consider the water accounting requirements for any |
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international water sharing treaty, minutes, and agreement |
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applicable to the Rio Grande basin and the effect of the project on |
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the allocation of water by the Rio Grande watermaster in the middle |
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and lower Rio Grande. The commission may not authorize a new |
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appropriation of water that would result in a violation of a treaty |
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or court decision. |
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(f) The commission may adopt rules providing an expedited |
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procedure for acting on an application for a water right or an |
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amendment to a water right under this section. |
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SECTION 2. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.156 to read as follows: |
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Sec. 11.156. AMENDMENT TO CONVERT USE FROM RESERVOIR |
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STORAGE TO AQUIFER STORAGE AND RECOVERY. (a) In this section, |
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"aquifer storage and recovery project" has the meaning assigned by |
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Section 27.151. |
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(b) A holder of a water right authorizing an appropriation |
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of water for storage in a storage reservoir that has not been |
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constructed may file an application for an amendment to the water |
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right to change the use or purpose for which the appropriation is to |
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be made to storage in an aquifer as part of an aquifer storage and |
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recovery project. |
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(c) An application for an amendment to a water right |
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described by Subsection (b) may request an increase in the amount of |
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water that may be diverted or the rate of diversion on the basis of |
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an evaporation credit that takes into account the amount of water |
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that would have evaporated if the storage reservoir had been |
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constructed. |
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(d) An application for an amendment to a water right |
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described by Subsection (b): |
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(1) is exempt from any notice and hearing requirements |
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of a statute, commission rule, or permit condition and may not be |
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referred to the State Office of Administrative Hearings for a |
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contested case hearing if the application does not request: |
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(A) an increase in the amount of water that may be |
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diverted or the rate of diversion; or |
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(B) a change in the diversion point; and |
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(2) is subject to the notice and hearing requirements |
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of this chapter if the application requests: |
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(A) an increase in the amount of water that may be |
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diverted or the rate of diversion, including an increase on the |
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basis of an evaporation credit; or |
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(B) a change in the diversion point. |
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(e) If the commission grants an application for an amendment |
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to a water right described by Subsection (d)(2), the commission |
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shall include in the amendment any special conditions the |
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commission considers necessary to: |
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(1) protect existing water rights; and |
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(2) comply with any applicable environmental flow |
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standards established under Section 11.1471. |
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(f) The commission may adopt rules providing an expedited |
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procedure for acting on an application for an amendment to a water |
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right described by Subsection (b). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect December 1, 2017. |