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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization by the Texas Commission on |
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Environmental Quality of the discharge, diversion, and transfer or |
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other reuse of return flows derived from treated brackish |
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groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.042, Water Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) The commission shall grant an authorization described |
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by Subsection (b) if: |
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(1) the groundwater is treated brackish groundwater; |
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and |
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(2) the person is authorized under Chapter 26 to |
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discharge the groundwater into the watercourse or stream. |
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SECTION 2. Section 11.085, Water Code, is amended by adding |
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Subsection (u-1) and amending Subsection (v) to read as follows: |
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(u-1) The commission shall grant a water right or an |
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amendment to a permit, certified filing, or certificate of |
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adjudication described by Subsection (a) to an applicant who |
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proposes to divert the applicant's existing return flows from |
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treated brackish groundwater and transfer those flows to another |
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river basin. |
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(v) The provisions of this section, except Subsection (a), |
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do not apply to: |
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(1) a proposed transfer which in combination with any |
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existing transfers totals less than 3,000 acre-feet of water per |
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annum from the same permit, certified filing, or certificate of |
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adjudication; |
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(2) a request for an emergency transfer of water; |
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(3) a proposed transfer from a basin to its adjoining |
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coastal basin; |
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(4) a proposed transfer from the part of the |
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geographic area of a county or municipality, or the part of the |
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retail service area of a retail public utility as defined by Section |
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13.002, that is within the basin of origin for use in that part of |
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the geographic area of the county or municipality, or that |
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contiguous part of the retail service area of the utility, not |
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within the basin of origin; [or] |
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(5) a proposed transfer of water that is: |
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(A) imported from a source located wholly outside |
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the boundaries of this state, except water that is imported from a |
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source located in the United Mexican States; |
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(B) for use in this state; and |
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(C) transported by using the bed and banks of any |
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flowing natural stream located in this state; or |
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(6) a proposed transfer of water described by |
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Subsection (u-1). |
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SECTION 3. The change in law made by this Act to Section |
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11.042, Water Code, applies only to an application for an |
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authorization to discharge and then subsequently divert and reuse |
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the applicant's existing return flows derived from treated brackish |
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groundwater that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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An application that is filed before the effective date of this Act |
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is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. The changes in law made by this Act to Section |
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11.085, Water Code, apply only to an application for a water right |
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or an amendment to a permit, certified filing, or certificate of |
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adjudication authorizing an interbasin transfer of water that is |
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filed with the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. An application that is filed |
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before the effective date of this Act is governed by the law as it |
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existed immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |