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established by expert testimony that an unreasonable loss of 1-12 state water will not occur and that the water can be withdrawn at a 1-13 later time for application to a beneficial use. 1-14 (f) When it is put or allowed to sink into the ground, water 1-15 appropriated under Subsection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.