Texas 2019 - 86th Regular

Texas Senate Bill SB520 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 520
	1	+	By: Campbell, et al. S.B. No. 520
	2	+	(Kuempel)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the storage and recovery of water in a portion of the
6	8		Edwards Aquifer.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1.44, Chapter 626, Acts of the 73rd
9	11		Legislature, Regular Session, 1993, is amended by amending
10		-	Subsections (c) and (e) and adding ~~Subsections~~ (c-1) ~~and (e-1) to~~
11		-	~~read as~~ follows:
	12	+	Subsections (c) and (e) and adding Subsection (c-1) to read as
	13	+	follows:
12	14		(c) Except as provided by Subsection (c-1), the [The]
13	15		political subdivision causing artificial recharge of the aquifer is
14	16		entitled to withdraw during any 12-month period the measured amount
15	17		of water actually injected or artificially recharged during the
16	18		preceding 12-month period, as demonstrated and established by
17	19		expert testimony, less an amount determined by the authority to:
18	20		(1) account for that part of the artificially
19	21		recharged water discharged through springs; and
20	22		(2) compensate the authority in lieu of users' fees.
21		-	(c-1) A political subdivision or municipally owned utility
22		-	causing artificial recharge of a portion of the aquifer that
23		-	contains groundwater with a total dissolved solids concentration of
24		-	more than 5,000 milligrams per liter is entitled to withdraw the
25		-	measured amount of water actually injected or artificially
26		-	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.
27	28		(e) The authority may contract for injection or artificial
28	29		recharge under this section only if provision is made for
29	30		protecting and maintaining the quality of groundwater in the
30	31		receiving part of the aquifer, and:
31	32		(1) the water used for artificial recharge is
32	33		groundwater withdrawn from the aquifer; [or]
33	34		(2) the water is recharged through a natural recharge
34	35		feature; or
35	36		(3) the water is injected by a municipally owned
36	37		utility owned by the City of New Braunfels, and:
37	38		(A) the water has a total dissolved solids
38	39		concentration of less than 1,500 milligrams per liter and is not
39	40		domestic wastewater, municipal wastewater, or reclaimed water as
40	41		those terms are defined by 30 T.A.C. Chapter 210, effective October
41		-	31, 2018;
	42	+	31, 2018; and
42	43		(B) the injection well terminates in a portion of
43	44		the aquifer that contains groundwater with a total dissolved solids
44		-	concentration of more than 5,000 milligrams per liter; and
45		-	(C) if the water injected is state water, the
46		-	utility has a water right or contract for use of the water that does
47		-	not prohibit use of the water in an aquifer storage and recovery
48		-	project.
49		-	(e-1) The injection or withdrawal of water under Subsection
50		-	(c-1) or (e)(3) must comply with requirements imposed under
51		-	Subchapter G, Chapter 27, Water Code.
	45	+	concentration of more than 5,000 milligrams per liter.
52	46		SECTION 2. Section 27.051(i), Water Code, is amended to
53	47		read as follows:
54	48		(i) For purposes of this subsection, "Edwards Aquifer" has
55	49		the meaning assigned by Section 26.046(a). Except as otherwise
56	50		provided by this subsection, the [The] commission may not authorize
57	51		by rule or permit an injection well that transects or terminates in
58	52		the Edwards Aquifer. The commission by rule may authorize:
59	53		(1) injection of groundwater withdrawn from the
60	54		Edwards Aquifer;[, or]
61	55		(2) injections of storm water, flood water, or
62	56		groundwater through improved sinkholes or caves located in karst
63	57		topographic areas; or
64	58		(3) injections of water made in accordance with
65	59		Section 1.44(e)(3), Chapter 626, Acts of the 73rd Legislature,
66	60		Regular Session, 1993. [For purposes of this subsection, "Edwards
67	61		Aquifer" has the meaning assigned by Section 26.046(a).]
68	62		SECTION 3. This Act takes effect September 1, 2019.
69		-	______________________________ ______________________________
70		-	President of the Senate Speaker of the House
71		-	I hereby certify that S.B. No. 520 passed the Senate on
72		-	April 17, 2019, by the following vote: Yeas 31, Nays 0; and that
73		-	the Senate concurred in House amendment on May 25, 2019, by the
74		-	following vote: Yeas 30, Nays 0.
75		-	______________________________
76		-	Secretary of the Senate
77		-	I hereby certify that S.B. No. 520 passed the House, with
78		-	amendment, on May 22, 2019, by the following vote: Yeas 139,
79		-	Nays 5, two present not voting.
80		-	______________________________
81		-	Chief Clerk of the House
82		-	Approved:
83		-	______________________________
84		-	Date
85		-	______________________________
86		-	Governor