| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 86R2701 BRG-F | |
| 2 | 2 | By: Kuempel H.B. No. 481 | |
| 3 | - | Substitute the following for H.B. No. 481: | |
| 4 | - | By: Price C.S.H.B. No. 481 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to the storage and recovery of water in a portion of the | |
| 10 | 8 | Edwards Aquifer. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Section 1.44, Chapter 626, Acts of the 73rd | |
| 13 | 11 | Legislature, Regular Session, 1993, is amended by amending | |
| 14 | - | Subsections (c) and (e) and adding | |
| 15 | - | ||
| 12 | + | Subsections (c) and (e) and adding Subsection (c-1) to read as | |
| 13 | + | follows: | |
| 16 | 14 | (c) Except as provided by Subsection (c-1), the [The] | |
| 17 | 15 | political subdivision causing artificial recharge of the aquifer is | |
| 18 | 16 | entitled to withdraw during any 12-month period the measured amount | |
| 19 | 17 | of water actually injected or artificially recharged during the | |
| 20 | 18 | preceding 12-month period, as demonstrated and established by | |
| 21 | 19 | expert testimony, less an amount determined by the authority to: | |
| 22 | 20 | (1) account for that part of the artificially | |
| 23 | 21 | recharged water discharged through springs; and | |
| 24 | 22 | (2) compensate the authority in lieu of users' fees. | |
| 25 | - | (c-1) A political subdivision or municipally owned utility | |
| 26 | - | causing artificial recharge of a portion of the aquifer that | |
| 27 | - | contains groundwater with a total dissolved solids concentration of | |
| 28 | - | more than 5,000 milligrams per liter is entitled to withdraw the | |
| 29 | - | measured amount of water actually injected or artificially | |
| 30 | - | recharged. | |
| 23 | + | (c-1) A political subdivision causing artificial recharge | |
| 24 | + | of a portion of the aquifer that contains groundwater with a total | |
| 25 | + | dissolved solids concentration of more than 5,000 milligrams per | |
| 26 | + | liter is entitled to withdraw the measured amount of water actually | |
| 27 | + | injected or artificially recharged. | |
| 31 | 28 | (e) The authority may contract for injection or artificial | |
| 32 | 29 | recharge under this section only if provision is made for | |
| 33 | 30 | protecting and maintaining the quality of groundwater in the | |
| 34 | 31 | receiving part of the aquifer, and: | |
| 35 | 32 | (1) the water used for artificial recharge is | |
| 36 | 33 | groundwater withdrawn from the aquifer; [or] | |
| 37 | 34 | (2) the water is recharged through a natural recharge | |
| 38 | 35 | feature; or | |
| 39 | 36 | (3) the water is injected by a municipally owned | |
| 40 | 37 | utility owned by the City of New Braunfels, and: | |
| 41 | 38 | (A) the water has a total dissolved solids | |
| 42 | 39 | concentration of less than 1,500 milligrams per liter and is not | |
| 43 | 40 | domestic wastewater, municipal wastewater, or reclaimed water as | |
| 44 | 41 | those terms are defined by 30 T.A.C. Chapter 210, effective October | |
| 45 | - | 31, 2018; | |
| 42 | + | 31, 2018; and | |
| 46 | 43 | (B) the injection well terminates in a portion of | |
| 47 | 44 | the aquifer that contains groundwater with a total dissolved solids | |
| 48 | - | concentration of more than 5,000 milligrams per liter; and | |
| 49 | - | (C) if the water injected is state water, the | |
| 50 | - | utility has a water right or contract for use of the water that does | |
| 51 | - | not prohibit use of the water in an aquifer storage and recovery | |
| 52 | - | project. | |
| 53 | - | (e-1) The injection or withdrawal of water under Subsection | |
| 54 | - | (c-1) or (e)(3) must comply with requirements imposed under | |
| 55 | - | Subchapter G, Chapter 27, Water Code. | |
| 45 | + | concentration of more than 5,000 milligrams per liter. | |
| 56 | 46 | SECTION 2. Section 27.051(i), Water Code, is amended to | |
| 57 | 47 | read as follows: | |
| 58 | 48 | (i) For purposes of this subsection, "Edwards Aquifer" has | |
| 59 | 49 | the meaning assigned by Section 26.046(a). Except as otherwise | |
| 60 | 50 | provided by this subsection, the [The] commission may not authorize | |
| 61 | 51 | by rule or permit an injection well that transects or terminates in | |
| 62 | 52 | the Edwards Aquifer. The commission by rule may authorize: | |
| 63 | 53 | (1) injection of groundwater withdrawn from the | |
| 64 | - | Edwards Aquifer; | |
| 65 | - | (2) | |
| 54 | + | Edwards Aquifer; [, or] | |
| 55 | + | (2) injections of storm water, flood water, or | |
| 66 | 56 | groundwater through improved sinkholes or caves located in karst | |
| 67 | 57 | topographic areas; or | |
| 68 | 58 | (3) injections of water made in accordance with | |
| 69 | 59 | Section 1.44(e)(3), Chapter 626, Acts of the 73rd Legislature, | |
| 70 | 60 | Regular Session, 1993. [For purposes of this subsection, "Edwards | |
| 71 | 61 | Aquifer" has the meaning assigned by Section 26.046(a).] | |
| 72 | 62 | SECTION 3. This Act takes effect September 1, 2019. |