85R13449 SMH-F     By: Larson H.B. No. 2885       A BILL TO BE ENTITLED   AN ACT   relating to the authorization by the Texas Commission on   Environmental Quality of the discharge, diversion, and transfer or   other reuse of return flows derived from treated brackish   groundwater.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.042, Water Code, is amended by adding   Subsection (b-1) to read as follows:          (b-1)  The commission shall grant an authorization described   by Subsection (b) if:                (1)  the groundwater is treated brackish groundwater;   and                (2)  the person is authorized under Chapter 26 to   discharge the groundwater into the watercourse or stream.          SECTION 2.  Section 11.085, Water Code, is amended by adding   Subsection (u-1) and amending Subsection (v) to read as follows:          (u-1)  The commission shall grant a water right or an   amendment to a permit, certified filing, or certificate of   adjudication described by Subsection (a) to an applicant who   proposes to divert the applicant's existing return flows from   treated brackish groundwater and transfer those flows to another   river basin.          (v)  The provisions of this section, except Subsection (a),   do not apply to:                (1)  a proposed transfer which in combination with any   existing transfers totals less than 3,000 acre-feet of water per   annum from the same permit, certified filing, or certificate of   adjudication;                (2)  a request for an emergency transfer of water;                (3)  a proposed transfer from a basin to its adjoining   coastal basin;                (4)  a proposed transfer from the part of the   geographic area of a county or municipality, or the part of the   retail service area of a retail public utility as defined by Section   13.002, that is within the basin of origin for use in that part of   the geographic area of the county or municipality, or that   contiguous part of the retail service area of the utility, not   within the basin of origin; [or]                (5)  a proposed transfer of water that is:                      (A)  imported from a source located wholly outside   the boundaries of this state, except water that is imported from a   source located in the United Mexican States;                      (B)  for use in this state; and                      (C)  transported by using the bed and banks of any   flowing natural stream located in this state; or                (6)  a proposed transfer of water described by   Subsection (u-1).          SECTION 3.  The change in law made by this Act to Section   11.042, Water Code, applies only to an application for an   authorization to discharge and then subsequently divert and reuse   the applicant's existing return flows derived from treated brackish   groundwater that is filed with the Texas Commission on   Environmental Quality on or after the effective date of this Act.   An application that is filed before the effective date of this Act   is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 4.  The changes in law made by this Act to Section   11.085, Water Code, apply only to an application for a water right   or an amendment to a permit, certified filing, or certificate of   adjudication authorizing an interbasin transfer of water that is   filed with the Texas Commission on Environmental Quality on or   after the effective date of this Act. An application that is filed   before the effective date of this Act is governed by the law as it   existed immediately before the effective date of this Act, and that   law is continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2017.