81R6235 PMO-D
By: King of Zavala H.B. No. 1741
A BILL TO BE ENTITLED
AN ACT
relating to recharge of the Edwards Aquifer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993, is amended by adding Section 1.445 to read as
follows:
Sec. 1.445. COMPENSATION TO POLITICAL SUBDIVISION FOR
ARTIFICIAL RECHARGE. Notwithstanding whether a political
subdivision enters into a cooperative contract with the authority
under Section 1.44 of this Act, a political subdivision causing
artificial recharge of the aquifer is entitled to:
(1) withdraw during any 12-month period the measured
amount of water actually injected or artificially recharged during
the preceding 12-month period, as demonstrated and established by
expert testimony, less an amount determined by the authority to:
(A) account for that part of the artificially
recharged water discharged through springs; and
(B) compensate the authority in lieu of user's
fees;
(2) be compensated by the authority for the cost of
operating any facility that is causing artificial recharge of the
aquifer, regardless of the primary function of the facility or the
date the facility was constructed; or
(3) a combination of withdrawals under Subdivision (1)
and compensation under Subdivision (2).
SECTION 2. The change in law made by this Act applies only
to any artificial recharge of the Edwards Aquifer that occurs on or
after the effective date of this Act. Any artificial recharge of
the Edwards Aquifer that occurs before the effective date of this
Act is governed by the law in effect when the recharge occurred, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.