86R19378 BRG-F
By: Kuempel H.B. No. 481
Substitute the following for H.B. No. 481:
By: Price C.S.H.B. No. 481
A BILL TO BE ENTITLED
AN ACT
relating to the storage and recovery of water in a portion of the
Edwards Aquifer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.44, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsections (c) and (e) and adding Subsections (c-1) and (e-1) to
read as follows:
(c) Except as provided by Subsection (c-1), the [The]
political subdivision causing artificial recharge of the aquifer is
entitled to 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:
(1) account for that part of the artificially
recharged water discharged through springs; and
(2) compensate the authority in lieu of users' fees.
(c-1) A political subdivision or municipally owned utility
causing artificial recharge of a portion of the aquifer that
contains groundwater with a total dissolved solids concentration of
more than 5,000 milligrams per liter is entitled to withdraw the
measured amount of water actually injected or artificially
recharged.
(e) The authority may contract for injection or artificial
recharge under this section only if provision is made for
protecting and maintaining the quality of groundwater in the
receiving part of the aquifer, and:
(1) the water used for artificial recharge is
groundwater withdrawn from the aquifer; [or]
(2) the water is recharged through a natural recharge
feature; or
(3) the water is injected by a municipally owned
utility owned by the City of New Braunfels, and:
(A) the water has a total dissolved solids
concentration of less than 1,500 milligrams per liter and is not
domestic wastewater, municipal wastewater, or reclaimed water as
those terms are defined by 30 T.A.C. Chapter 210, effective October
31, 2018;
(B) the injection well terminates in a portion of
the aquifer that contains groundwater with a total dissolved solids
concentration of more than 5,000 milligrams per liter; and
(C) if the water injected is state water, the
utility has a water right or contract for use of the water that does
not prohibit use of the water in an aquifer storage and recovery
project.
(e-1) The injection or withdrawal of water under Subsection
(c-1) or (e)(3) must comply with requirements imposed under
Subchapter G, Chapter 27, Water Code.
SECTION 2. Section 27.051(i), Water Code, is amended to
read as follows:
(i) For purposes of this subsection, "Edwards Aquifer" has
the meaning assigned by Section 26.046(a). Except as otherwise
provided by this subsection, the [The] commission may not authorize
by rule or permit an injection well that transects or terminates in
the Edwards Aquifer. The commission by rule may authorize:
(1) injection of groundwater withdrawn from the
Edwards Aquifer;
(2) [, or] injections of storm water, flood water, or
groundwater through improved sinkholes or caves located in karst
topographic areas; or
(3) injections of water made in accordance with
Section 1.44(e)(3), Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993. [For purposes of this subsection, "Edwards
Aquifer" has the meaning assigned by Section 26.046(a).]
SECTION 3. This Act takes effect September 1, 2019.