A proposed desalination plant near Bacliff that would discharge nearly 60 million gallons of brine and process water daily into Upper Galveston Bay has cleared its first state regulatory hurdle, and residents along the bay's western shore have less than three weeks to weigh in.

The Texas Commission on Environmental Quality issued a draft permit July 24 for the Bayshore Desalination Facility, a project by Canadian-based EPCOR Utilities Inc. that would produce 24.5 million gallons of drinking water per day for a region of nearly 8 million people. The 30-day public comment window closes Aug. 23.

The facility would sit at 5501 State Highway 146, about a mile southeast of the SH 146 and FM 646 intersection near Bacliff in Galveston County. Under TPDES Permit No. WQ0005502000, the plant would be authorized to discharge up to 59.93 million gallons per day of water treatment waste and raw water through the Houston Lighting and Power Canal into Upper Galveston Bay, a segment designated for primary contact recreation, high aquatic life use and oyster waters.

TCEQ's executive director made a preliminary decision that the proposal meets all statutory and regulatory requirements and would not significantly degrade water quality, Houston Public Media reported.

Not everyone agrees.

The Galveston Bay Foundation, a conservation nonprofit based in the Clear Lake area, said in a June 21 post on its website that it is formally opposing the project as currently proposed. The foundation said the intake of bay water and discharge of hypersaline brine could affect water quality, aquatic habitat and the bay's long-term ability to flush.

Robin Burke, a Bacliff-area resident who lives near the proposed site, told Houston Public Media she worries about what increased salinity would do to oyster beds, fish, birds and the local fishing economy.

"I'm just wondering what happens to all our hotel owners, our convenience store owners, our fishing captains, what happens to all of them if it gets too salty out there to where it starts killing all of our fish?" Burke said.

Tony Poynor, who serves on the Bacliff water board and lives nearby, sees it differently. Poynor said the region needs drinking water given population growth and drought conditions, pointing to Corpus Christi's water struggles as a cautionary example.

EPCOR has commissioned two studies it says show the plant's brine discharge would have little to no effect on waters within half a mile of entering the open bay and that average salinity levels would remain within the optimal range for fish, oysters, crab and shrimp. The company held a town hall in late March at the Bacliff Volunteer Fire Department, drawing nearly 100 residents, though it did not attend a separate Bayshore Town Square community meeting in April, citing a scheduling conflict.

No elected officials from Seabrook, Nassau Bay or Clear Lake Shores had publicly commented on the permit application as of Thursday, Aug. 6.

How to comment

Residents can submit written comments electronically at tceq.texas.gov/goto/comment or by mail to TCEQ Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, TX 78711-3087. Comments must reference Permit No. WQ0005502000.

Residents may also request a public meeting or a contested case hearing, a legal proceeding similar to a civil trial, if they include specific information about how they would be adversely affected.

The permit application and supporting documents are available for viewing at the Dickinson Public Library, 4411 State Highway 3, Dickinson. EPCOR's environmental compliance manager, Rachel Watkins, can be reached at 512-745-2095 for questions about the project.