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House Natural Resources met to discuss the following bills: HB 1565 (Canales), HB 2443 (Harris), HB 2388 (Harris), HB 3582 (Harris), HB 2757 (Tepper), HB 1699 (T. King), HB 1646 (T. King), HB 2759 (E. Thompson), HB 1845 (Metcalf), HB 2489 (Kacal), HB 3259 (Rogers). An archive of this hearing can be found here.

 

This report is intended to give you an overview and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

HB 1565 (Canales) Relating to the functions of the Texas Water Development Board and continuation and functions of the State Water Implementation Fund for Texas Advisory Committee.

  • Canales – TWDB Sunset bill; have a CS which adds a part addressing board member training requirements
  • Sunset found several opportunities to improve efficiency and effectiveness of TWDB; Sunset recommended continuation of SWIFT
  • Bill amends Sunset review date to 2035 and continues SWIFT Advisory Committee for 12 years
  • Bill authorizes TWDB to use a risk-based approach to project review and requires agency to develop/collect/analyze metrics for the project review process
  • Requires agency to conduct feasibility review of certain projects in the State Water Plan such as reservoirs, desalination plants, and other large projects
  • Authorizes regional water planning groups to use drought worse than the drought of record as the baseline for planning
  • Applies a standard Sunset good government provision on board member training; eliminates three unnecessary reporting requirements

 

Darren McDivitt, Sunset Staff – Resource Witness

  • No questions for the resource witness

 

Janice Bezanson, Preserve North East Texas – Against

  • Oppose Marvin Nichols Reservoir proposed in the State Water Plan; Governor Abbott noted we should not be taking people’s land for this project
  • Agree there are inefficiencies in the TWDB

 

Alex Ortiz, Sierra Club – For

  • Specifically support the ability for regional water planning to use worse than drought of record
  • Recommend inclusion of the Sunset management directive for TWDB and the state climatologist

 

HB 1565 left pending

 

HB 2443 (Harris) Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.

  • Harris – Have a CS; allows a ground water rights hold right to petition governing GCD to consider changing their rules; burden of proof would be on the water rights holder

 

Doug Shaw, Texas Alliance of Groundwater Districts – For

  • Support the CS of the bill, do not support the bill as filed
  • Would create a clear process for water rights owners

 

Billy Howe, Texas Farm Bureau – For

  • This CS language went through a process last session in SB 152 which did not make it all the way
  • Support bill as it gives landowners an option to protect private property rights

 

Harris, in closing

  • Zwiener – Choice to only allow petition change to those with wells? Will visit with you more
    • Not just those with wells, with property; aims to address the majority of who will take an interest

 

HB 2443 left pending

 

HB 2388 (Harris) Relating to memoranda of understanding between the Texas Water Development Board and other state agencies.

  • Harris – Removes requirement for TWDB to adopt MOUs with any other state agency by rule

 

HB 2388 left pending

 

HB 3582 (Harris) Relating to the composition and use of money in the flood infrastructure fund.

  • Harris – Have a CS; make clarifications upon certain statutes that will take in effect after the State Flood Plan is published relating to the FIF and TURF
  • Designates FIF as the primary fund and updates code to expand eligibility for FIF to rural areas
  • Limits use of FIF for projects in the state flood plan
  • Funds for the FIF may be awarded to several political subdivisions for a single flood project
  • Remaining balances from Hurricane Harvey will go into the FIF

 

HB 3582 left pending

 

HB 2757 (Tepper) Relating to funding and activities of the Texas Produced Water Consortium

  • Tepper – Directs additional actives to the TPWC; 2022 State Water Plan anticipates shortage of water and increased population in the future
  • Bill could result in recovering 250k acre feet per year
  • Bill directs TPWC to conduct pilot projects to find benefits 2-6 implementing and develop recommendations based on their findings; to use water prairie cotton, and one edible crop most likely feed corn

 

Alex Ortiz, Sierra Club – Neutral

  • Concerned bill does not direct them to do the pilot project in two phases; recommend a first phase of study and second phase of application to crop

 

HB 2757 left pending

 

HB 1699 (T. King) Relating to the authority of the Evergreen Underground Water Conservation District to impose certain fees.

  • King – Have a CS; allows combined production and export fees at $0.20 per thousand gallons

 

Russell Labus, Evergreen Underground Water Conservation District – For

  • With increasing population, are receiving more applications for water export projects which can negatively impact surrounding water/water rights
  • Can decrease negative impacts by mitigating existing wells in area
  • Do not want to discourage those seeking water export projects, but want to conserve water and maintain optimal water levels

 

HB 1699 left pending

 

HB 1646 (T. King) Relating to the use of water withdrawn from the Edwards Aquifer.

  • King – EAA’s enabling statute currently prohibits groundwater use outside its jurisdictional boundaries
  • Bills allows certain CCNs allow use of in limited areas with CCNs as long as it was in existing the EAA was originally implemented
  • Does not allow additional permits or allow wholesale outside of EAA region

 

Mark Fryburg, Edwards Aquifer Authority – For

Rolland Ruiz, Edwards Aquifer Authority – For

  • Support the bill; would allow for certain uses in limited circumstances
  • Without bill water utility providers would have to expend resources to meet current technicalities in statute
  • Kitzman – Aware of any water currently going into CCNs?
    • Not aware; likelihood being pressed into making that decision is there

 

John Littlefield, SW Engineers County Line – For

  • Strongly support to continue to serve those outside of the Edwards Aquifer jurisdiction, who they have been serving for over 50 years

 

HB 1646 left pending

 

HB 2759 (E. Thompson) Relating to the establishment of the TexMesonet Hydrometeorology Network and creation of the TexMesonet Advisory Committee.

  • Thompson – Data from this network has been housed under the TWDB; bill formalizes them as the lead agency for the TexMesonet network
  • Advisory Committee would be compromised of stakeholders including the state climatologist, national weather service, existing metrological networks, and other appropriate entities

 

Karen Guz, Water Conservation Advisory Council – For

  • Support this bill

 

HB 2759 left pending

 

HB 1845 (Metcalf) Relating to the licensing requirements for certain operators of wastewater systems and public water systems.

  • Metcalf – Water sector is struggling to retain workforce; would allow high school students to begin working towards their license

 

Buddy Garcia, Aqua Texas – For

  • Support bill

 

Mandy Brown, Quadvest Utilities – For

  • Bill would eliminate barriers to entry; addresses workforce shortages
  • Several ISDs and companies have already pledged their support
  • Kitzman – Students will do train in high school, but have to pass the same test as everyone else?
    • Yes, just want to

 

Julie Nahrgang, Water Environment Association of Texas and Texas Association of Clean Water Agencies – For

  • Bill is critical to train/attract operators

 

Jeremy Mazur, Texas 2036 – For

  • Will address shortages in the field; any state investments we make will hinge on qualified personnel
  • Would establish a pathway for those without a diploma or those in high school and is aligned with state’s workforce strategy

 

HB 1845 left pending

 

HB 2489 (Kacal) Relating to renaming the Texas Natural Resources Information System as the Texas Geographic Information Office and the duties of certain officers of that entity.

  • Kacal – TWDB noted the name change better reflects name of the office

 

HB 2489 left pending

 

HB 3259 (Rogers) Relating to the use of audiovisual technology during meetings by the Texas Water Development Board and the Water Conservation Advisory Council.

  • Rogers – Allowance for members of the public to participate in TWDB via telephone or other audio; and Water Advisory Council to hold open meetings via telephone or other audio

 

Karen Guz, Water Conservation Advisory Council – For

  • Have increased stakeholder comment when holding meetings virtually; would like the flexibility to meet in person and offer a virtual/telephone option

 

HB 3259 left pending