Texas Water Code
§ 18.003 — DIVERSIONS OF MARINE SEAWATER
WA § 18.003Title 2. WATER ADMINISTRATION · Part C. WATER DEVELOPMENT · Ch. 18. MARINE SEAWATER DESALINATION PROJECTS
Statute text
View on source(a)A person must obtain a permit to divert and use state water that consists of marine seawater if:
(1)the point of diversion is located less than three miles seaward of any point located on the coast of this state; or
(2)the seawater contains a total dissolved solids concentration based on a yearly average of samples taken monthly at the water source of less than 20,000 milligrams per liter.
(b)A person may divert and use state water that consists of marine seawater without obtaining a permit if Subsection (a) does not apply.
(c)A person who diverts and uses state water that consists of marine seawater under a permit required by Subsection (a) or as authorized by Subsection (b) must determine the total dissolved solids concentration of the seawater at the water source by monthly sampling and analysis and provide the data collected to the commission. A person may not begin construction of a facility for the diversion of marine seawater without obtaining a permit until the person has provided data to the commission based on the analysis of samples taken at the water source over a period of at least one year demonstrating that Subsection (a)(2) does not apply. A person who has begun construction of a facility for the diversion of marine seawater without obtaining a permit because the person has demonstrated that Subsection (a)(2) does not apply is not required to obtain a permit for the facility if the total dissolved solids concentration of the seawater at the water source subsequently changes so that Subsection (a)(2) applies.
(d)A person may use marine seawater diverted under a permit required by Subsection (a) or as authorized by Subsection (b) for any beneficial purpose, but only if the seawater is treated in accordance with rules adopted by the commission before it is used. Rules adopted under this subsection may impose different treatment requirements based on the purpose for which the seawater is to be used.
…
Legislative history
Added by Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 10, eff. June 17, 2015.