From desalination to water treatment: Bill that prioritizes creating new water supplies get Texas Senate OK

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The Texas Senate gave unanimous approval to a sweeping water bill Wednesday that would address a range of issues that have caused a looming water crisis in the state. The bill focuses on creating new sources of water supply to meet Texas’ growing water needs.

Senate Bill 7, filed by state Sen. Charles Perry, R-Lubbock, was the first bill in a highly anticipated package of water-related bills to pass. It includes proposals to address Texas’ water supply needs by using funds on strategies such as desalination, projects on produced water treatment plants and reservoir projects. It also creates an office tasked with planning and coordinating the development of infrastructure to transport water — referred to by lawmakers as a “water tree” — made by a project.

During the discussion on the Senate floor, Perry reaffirmed his push toward creating new supplies of water. He said the bill prioritizes new water sources, including brackish and marine water, along with “shovel-ready” reservoirs and wastewater treatment in rural communities. Perry has acknowledged in the past that the state’s water infrastructure needs repairs. However, he did not spend much time discussing that concern Wednesday.

Perry said after traveling the state, he believes Texas is 25 years behind on supply development.

“We've developed all the cheap water, and all the low-hanging fruits have been obtained,” Perry said.

In addition, Perry stressed that any new water supply plan has to include all of Texas’ 254 counties. He also said it has to be a coordinated planning approach across the state that leverages existing water resources to regional expertise.

Changes were made in Perry’s bill since it was first introduced. The new version of the bill added provisions that would separate the Texas Water Development Board's funding specifically for administrative costs — up to 2% in funding — and carryover of unused funds. While Texas prohibits using state-funded pipelines for intrastate water transfers, the bill clarifies that out-of-state water can be imported through these pipelines.

One other change offers protections to sources of freshwater by prohibiting projects that extract water from sources with a certain amount. Perry assured lawmakers they were not funding the depletion of existing freshwater aquifers.

State Sen. Roland Gutierrez, D-San Antonio, called the bill visionary and applauded Perry on his work.

“It changes water law, it changes water procurement,” Gutierrez said.

Moving forward, the constitutional amendment that will accompany the water bill is House Joint Resolution 7, which will dedicate $1 billion to the Texas Water Fund for up to 10 years. The annual stream of state tax dollars would help cities and local water agencies buy more water and repair aging infrastructure. If approved, Texans can vote on that ballot measure in November.

With the state’s population booming, data shows the state’s water supply is falling behind. According to the state’s 2022 water plan, water availability is expected to decline by 18%, with groundwater seeing the steepest drop. A Texas Tribune analysis found that cities and towns could be on a path toward a severe water shortage by 2030 if there is recurring, record-breaking drought conditions across the state, and if water entities and state leaders fail to put in place key strategies to secure water supplies.

Water experts and organizations celebrated the passage of SB 7.

Jennifer Walker, director of the Texas Coast and Water Program for the National Wildlife Federation, said it’s a step in ensuring Texans have reliable and resilient water supplies. Perry Fowler, executive director of the Texas Water Infrastructure Network, said he is grateful for Perry’s work on the bill.

“[I look] forward to reconciling the House and Senate approaches to accomplish the best collaborative water policy for Texas to secure our shared water future,” Fowler said.

Jeremy Mazur, director of infrastructure and natural resources policy for Texas 2036, said the unanimous passage of SB 7 is a good sign the chamber wants to move forward with a bold strategy to address infrastructure challenges. However, he said there is still more work for the Legislature to do.

“Even though SB 7 has passed, there are several other big measures in the legislative pipeline that need to be addressed, including the constitutional dedication of state revenues for water infrastructure," Mazur said.

Perry said the water development board will still have to establish rules for what kind of projects get prioritized for funding. The House will now take up SB 7 for debate. Perry’s Senate Resolution has been referred to a Senate committee on finance but has not been heard yet. A similar House bill, led by state Rep. Cody Harris, R-Palestine, is still pending. Harris’ HJR 7 was passed unanimously out of committee and is waiting to be scheduled for a hearing.

Disclosure: Texas 2036 has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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