By:  Sims                                             S.B. No. 1304
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the appropriation of state water for recharge of
    1-2  certain water bearing sands and aquifers, except the Edwards
    1-3  Aquifer in Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.023, Water Code, is amended to add
    1-6  Sections (e), (f) and (g) which read as follows:
    1-7        (e)  State water, including the normal or ordinary flow of a
    1-8  stream or water course, may be appropriated to recharge underground
    1-9  fresh water bearing sands and aquifers, except the Edwards Aquifer
   1-10  in Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties, if it
   1-11  can be established by expert testimony that an unreasonable loss of
   1-12  state water will not occur and that the water can be withdrawn at a
   1-13  later time for application to a beneficial use.
   1-14        (f)  When it is put or allowed to sink into the ground, water
   1-15  appropriated under Subsection (e) of this section loses its
   1-16  character and classification as state water and is considered
   1-17  percolating groundwater.
   1-18        (g)  Water considered percolating groundwater in accordance
   1-19  with Subsection (f) of this Section may be regulated by a
   1-20  groundwater district operating pursuant to Chapter 52 of the Texas
   1-21  Water Code.
   1-22        SECTION 2.  This Act applies to an application for a permit
   1-23  to appropriate state water to recharge underground fresh
    2-1  water-bearing sands and aquifers other than the Edwards Aquifer in
    2-2  Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties filed
    2-3  before, on or after the effective date of this Act.
    2-4        SECTION 3.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended,
    2-9  and that this Act take effect and be in force according to its
   2-10  terms, and it is so enacted.