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   1-13  not occur and that the water can be withdrawn at a later time for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.