Sec. 8888.166.  SURFACE WATER DELIVERY SYSTEM.  (a)  In this section, "surface water delivery system":
(1)  includes a facility that is to be constructed and that will be:
(A)  used to transport groundwater between utility districts;
(B)  used temporarily to transport groundwater between utility districts if there is a reasonable probability that the facility will be used for that purpose on a permanent basis in the future; or
(C)  necessary to accomplish an authority purpose, including management of water, water conservation, or water reuse; and
(2)  does not include the use of the bed and banks to transport water or wastewater.
(b)  The authority may expedite the financing and construction of a surface water delivery system, or other projects of the authority, to accomplish a conversion from reliance on groundwater to reliance on surface water not later than the earlier of:
(1)  the date required by the subsidence district; or
(2)  the date determined by the board to be in the interest of the authority or one or more districts inside or outside the authority.
(c)  It is the intent of the legislature that the commission cooperate with and assist the authority in developing a surface water delivery system or other authority project in an expedited manner as provided by Subsection (b).
(d)  The commission and the authority may enter into a memorandum of understanding that relates to the construction of a surface water delivery system.  The memorandum of understanding may:
(1)  establish standard procedures for the commission to grant conditional or final approval of authority construction projects;
(2)  establish standing waivers or conditions applicable to those construction projects;
(3)  delegate powers to the authority to carry out any commission duty relating to an activity that the authority may undertake if the delegation:
(A)  does not violate federal law; and
(B)  is not inconsistent with any agreement of this state with, or any delegation of authority to this state from, the United States Environmental Protection Agency;
(4)  set minimum standards for construction or other projects; or
(5)  address any other matter that relates to an activity that the authority may undertake and that the commission may regulate.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.