§ 15.153 — USE OF FUND.

Texas § 15.153

• Jurisdiction: Texas
• Code WA: Water Code

Text

Sec. 15.153. USE OF FUND. (a) The board by rule shall undertake to finance projects through the fund that will lead to seven million acre-feet of new water supplies by December 31, 2033.
(b) The fund may be used to:
(1) provide financial assistance to political subdivisions to develop water supply projects that create new water sources for the state, including:
(A) desalination projects, including marine and brackish water desalination;
(B) produced water treatment projects, other than projects that are only for purposes of oil and gas exploration;
(C) aquifer storage and recovery projects;
(D) water and wastewater reuse projects;
(E) acquisition of water or water rights originating from outside this state;
(F) reservoir projects for which:
(i) the required land has already been acquired;
(ii) a permit for the discharge of dredged or fill material has been issued by the United States Secretary of the Army under Section 404, Federal Water Pollution Control Act (33 U.S.C. Section 1344); and
(iii) a permit for the storage, taking, or diversion of state water has been issued by the commission under Section 11.121 ; and
(G) the development of infrastructure to transport water or integrate water into a water supply system, other than groundwater produced from a well in this state that is not part of a project described by this subdivision;
(2) make transfers from the fund:
(A) to the state water implementation fund for Texas established under Subchapter G or the Texas Water Development Fund II established under Subchapter L , Chapter 17 ; and
(B) for a purpose described by Subdivision (1);
(3) make transfers from the fund to the water bank account established under Section 15.707 ; and
(4) make transfers from the fund:
(A) to the Texas Water Development Fund II state participation account established under Section 17.957 ; and
(B) for a purpose described by Subdivision (1).
(c) The fund may be used for any purpose described by Subsection (b) under criteria developed by the board. A loan made from the fund under this subchapter may provide for repayment terms of up to 30 years, in the board's discretion.
(d) Financial assistance for a purpose described by Subsection (b)(1):
(1) may be provided for a qualifying project under Chapter 2267 , Government Code, only if the project complies with that chapter; and
(2) may not be provided for expenses associated with the maintenance or operation of a water supply project described by Subsection (b)(1).
(e) Money from the fund may be used to acquire another person's right acquired or authorized in accordance with state law to impound, divert, or use state water only by a water supply contract or a lease of that right from its owner.
Text of subsection effective on September 01, 2027
(f) For purposes of Section 7-e (c), Article VIII, Texas Constitution, groundwater is considered brackish if, at the time of production from a well, the groundwater had a total dissolved solids concentration of not less than 3,000 milligrams per liter.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28 ), Sec. 2, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 954 (S.B. 7 ), Sec. 1.03, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 954 (S.B. 7 ), Sec. 1.04, eff. September 1, 2027.