85R9091 SLB-F     By: Larson H.B. No. 3991       A BILL TO BE ENTITLED   AN ACT   relating to appropriations of water for use in aquifer storage and   recovery projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.153, Water Code, is amended by   amending Subsection (c) and adding Subsections (d), (e), and (f) to   read as follows:          (c)  The [This section does not preclude the] commission may   consider [from considering] an aquifer storage and recovery project   to be a component of a project permitted under this chapter that is   not required to be based on the continuous availability of   historic, normal stream flow.          (d)  An aquifer storage and recovery project may involve the   use of water derived from multiple sources, including a new   appropriation of water. Except as provided by Subsection (e), a   water right or an amendment to a water right authorizing a new   appropriation of water for use in an aquifer storage and recovery   project:                (1)  must include any special conditions the commission   considers necessary to implement this section;                 (2)  may be for water that is not continuously   available;                (3)  may authorize the diversion and use of excess   flows in a watercourse or stream that would otherwise flow into the   Gulf of Mexico; and                (4)  may not interfere with or negatively affect:                      (A)  existing water rights in the same river basin   as the diversion point for the new appropriation; or                      (B)  applicable environmental flow standards   adopted under Section 11.1471.          (e)  Before approving an application for a water right or an   amendment to a water right for a new appropriation of water in the   Rio Grande basin for an aquifer storage and recovery project, the   commission shall consider the water accounting requirements for any   international water sharing treaty, minutes, and agreement   applicable to the Rio Grande basin and the effect of the project on   the allocation of water by the Rio Grande watermaster in the middle   and lower Rio Grande. The commission may not authorize a new   appropriation of water that would result in a violation of a treaty   or court decision.          (f)  The commission may adopt rules providing an expedited   procedure for acting on an application for a water right or an   amendment to a water right under this section.          SECTION 2.  Subchapter D, Chapter 11, Water Code, is amended   by adding Section 11.156 to read as follows:          Sec. 11.156.  AMENDMENT TO CONVERT USE FROM RESERVOIR   STORAGE TO AQUIFER STORAGE AND RECOVERY.  (a)  In this section,   "aquifer storage and recovery project" has the meaning assigned by   Section 27.151.          (b)  A holder of a water right authorizing an appropriation   of water for storage in a storage reservoir that has not been   constructed may file an application for an amendment to the water   right to change the use or purpose for which the appropriation is to   be made to storage in an aquifer as part of an aquifer storage and   recovery project.          (c)  An application for an amendment to a water right   described by Subsection (b) may request an increase in the amount of   water that may be diverted or the rate of diversion on the basis of   an evaporation credit that takes into account the amount of water   that would have evaporated if the storage reservoir had been   constructed.          (d)  An application for an amendment to a water right   described by Subsection (b):                (1)  is exempt from any notice and hearing requirements   of a statute, commission rule, or permit condition and may not be   referred to the State Office of Administrative Hearings for a   contested case hearing if the application does not request:                      (A)  an increase in the amount of water that may be   diverted or the rate of diversion; or                      (B)  a change in the diversion point; and                (2)  is subject to the notice and hearing requirements   of this chapter if the application requests:                      (A)  an increase in the amount of water that may be   diverted or the rate of diversion, including an increase on the   basis of an evaporation credit; or                      (B)  a change in the diversion point.          (e)  If the commission grants an application for an amendment   to a water right described by Subsection (d)(2), the commission   shall include in the amendment any special conditions the   commission considers necessary to:                (1)  protect existing water rights; and                (2)  comply with any applicable environmental flow   standards established under Section 11.1471.          (f)  The commission may adopt rules providing an expedited   procedure for acting on an application for an amendment to a water   right described by Subsection (b).          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.