2023S0280-1 03/09/23
By: Schwertner S.B. No. 2379
A BILL TO BE ENTITLED
AN ACT
relating to the definition of the Edwards Aquifer for the purposes
of an aquifer storage and recovery project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 that it includes
only that portion of Williamson County west of Interstate Highway
35, running north from its intersection with State Highway 130, to
the Williamson County Bell County line, and west of State Highway
130 running south from its intersection with Interstate Highway 35
to the Williamson County Travis County line. Except as otherwise
provided by this subsection, 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(1) injection of groundwater withdrawn from the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) 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.
SECTION 2. Section 27.0516(a)(1), Water Code, is amended to
read as follows:
(1) "Edwards Aquifer" means that portion of an arcuate
belt of porous, waterbearing limestones composed of the Edwards
Formation, Georgetown Formation, Comanche Peak Formation, Salmon
Peak Limestone, McKnight Formation, West Nueces Formation, Devil's
River Limestone, Person Formation, Kainer Formation, and Edwards
Group, together with the Upper Glen Rose Formation where scientific
studies have documented a hydrological connection to the overlying
Edwards Group trending from west to east to northeast through
Kinney, Uvalde, Medina, Bexar, Kendall, Comal, Hays, and Travis
Counties, and Williamson County west of Interstate Highway 35,
running north from its intersection with State Highway 130, to the
Williamson County Bell County line, and west of State Highway 130
running south from its intersection with Interstate Highway 35 to
the Williamson County Travis County line [Counties]. The permeable
aquifer units generally overlie the less-permeable Glen Rose
Formation to the south, overlie the less-permeable Comanche Peak
and Walnut Formations north of the Colorado River, and underlie the
less-permeable Del Rio Clay regionally.
SECTION 3. Not later than December 1, 2023, the commission
shall adopt or amend rules to implement the changes made by this
Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.