By: Puente H.B. No. 207
73R1510 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appropriation of state water for recharge of
1-3 certain water-bearing sands and aquifers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 11.023(c) and (d), Water Code, are
1-6 amended to read as follows:
1-7 (c) State <Unappropriated storm> water <and floodwater> may
1-8 be appropriated to recharge underground freshwater-bearing
1-9 <freshwater bearing> sands and aquifers in the portion of the
1-10 Edwards underground reservoir located within Kinney, Uvalde,
1-11 Medina, Bexar, Comal, and Hays counties <if it can be established
1-12 by expert testimony that an unreasonable loss of state water will
1-13 not occur and that the water can be withdrawn at a later time for
1-14 application to a beneficial use. The normal or ordinary flow of a
1-15 stream or watercourse may never be appropriated, diverted, or used
1-16 by a permittee for this recharge purpose>.
1-17 (d) When it is put or allowed to sink into the ground, water
1-18 appropriated under Subsection (c) of this section loses its
1-19 character and classification as state <storm> water <or
1-20 floodwater> and is considered percolating groundwater.
1-21 SECTION 2. This Act applies to an application for a permit
1-22 to appropriate state water to recharge underground
1-23 freshwater-bearing sands and aquifers located within Kinney,
1-24 Uvalde, Medina, Bexar, Comal, or Hays County filed before, on, or
2-1 after the effective date of this Act.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force from and after its
2-8 passage, and it is so enacted.