By Rodriguez H.B. No. 1989 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the appropriation and regulation of State water for 1-3 beneficial use, including underground storage or recharge of State 1-4 water in aquifers, other than that portion of Edwards Aquifer in 1-5 Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Findings and Declaration of State Policy. 1-8 (i) The Legislature finds that the underground storage or 1-9 recharge of State water in aquifers constitutes a beneficial use of 1-10 State water. The Legislature further finds that the use of 1-11 aquifers for storage or recharge of State water (a) will 1-12 (1) enhance the conservation and protection of appropriated State 1-13 water by minimizing evaporation and seepage losses, (2) reduce the 1-14 incidental environmental impacts associated with the construction 1-15 of alternative conventional water storage facilities such as above 1-16 ground reservoirs, and (3) through artificial recharge of State 1-17 water enhance and protect groundwater resources, and (b) is a 1-18 necessary use of State water incident to maximizing the 1-19 conservation beneficial use of such water. 1-20 (ii) The Legislation finds the that the storage or recharge 1-21 of State water in aquifers will not affect property rights, 1-22 including the ownership and rights of owners of land and his 1-23 lessees and assigns in underground water subject to the right of 2-1 capture, which rights are hereby recognized. 2-2 (iii) The Legislature finds that the storage or recharge of 2-3 State water in aquifers will not affect the authority or 2-4 jurisdiction of Underground Conservation Districts. 2-5 (iv) The Legislature finds that the use of aquifers as 2-6 storage facilities for State water may relieve a portion of the 2-7 economic burden upon taxpayers and utility ratepayers commonly 2-8 associated with the construction of alternative conventional water 2-9 storage facilities. 2-10 Thus, the Legislature finds that the use of aquifers for 2-11 storage or recharge of appropriated State water complies with the 2-12 State of Texas to protect and conserve State water, and to enhance 2-13 and maximize its beneficial use, mandated by the Conservation 2-14 Amendment (Tex. Const. Art XVI, ss59). 2-15 SECTION 2. Amending Language. In keeping with the "Findings 2-16 and Declaration of State Policy" in Section 1 of this Act, Section 2-17 11.023, Water Code, is amended to add the following sections, which 2-18 read as follows: 2-19 (i) State water may be appropriated for beneficial use for 2-20 recharge, or any other beneficial use and incidental to such use 2-21 may be stored in aquifers of the State for later retrieval for 2-22 beneficial use on the surface. 2-23 (ii) Notwithstanding the authority granted in paragraph (i) 2-24 of this Section, authorization to appropriate State water for 2-25 recharge or injection into that portion of the Edwards Aquifer in 3-1 Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties is subject 3-2 to the provisions of Section 11.023(c)-(d) of this Code. 3-3 (iii) The storage of State Water granted in paragraph (i) of 3-4 this Section will only be authorized if it can be established by 3-5 substantive evidence accompanying an application filed to 3-6 appropriate State water for such purpose, or in a contested hearing 3-7 by expert testimony, that an unreasonable loss State water will not 3-8 occur and that the stored water can be withdrawn at a later time 3-9 for application to any beneficial use authorized by statute. 3-10 (iv) State water stored underground in aquifers pursuant to 3-11 paragraph (i) of this section shall retain its character as State 3-12 water, and remain subject (a) to the terms and conditions imposed 3-13 by any permit, or amendment to any permit, authorizing such 3-14 underground storage or recharge issued by the Commission, and 3-15 (b) to the ongoing supervision of the Commission and any rules 3-16 promulgated by the Commission within its jurisdiction. Although 3-17 retaining its character as State water, any State water stored in 3-18 or recharged to an aquifers pursuant to this section which becomes 3-19 commingled with native groundwater may be subject to capture by the 3-20 owner of real property overlying the commingled water. Provided, 3-21 further, that the potential loss of water, which may occur through 3-22 the exercise of the right of capture by a landowner overlying the 3-23 aquifer used for storage or recharge of State water, shall be 3-24 deemed to be a beneficial use of State water, subject only to the 3-25 prohibitions of Chapter 11 of this Code against waste. 4-1 (v) Any person desiring to store or recharge State water in 4-2 an aquifer for subsequent retrieval must so state in the 4-3 application to appropriate State water, or in any request for an 4-4 amendment to an existing appropriation, filed with the Commission. 4-5 (vi) In determining whether to grant a request to allow the 4-6 underground storage of appropriated State water in an aquifer, the 4-7 commission shall consider whether the storage of State water in the 4-8 aquifer designed to receive it will cause any alteration of the 4-9 physical, chemical, or biological quality of native groundwater 4-10 that would make subsequently water produced from the formation 4-11 harmful, detrimental or injurious, (a) to humans, animal life, 4-12 vegetation, or property, or (b) to public health, safety or 4-13 welfare; or that impairs the usefulness for public enjoyment of the 4-14 water to be produced from the formation for any lawful and 4-15 reasonable purpose for which native quality groundwater in the 4-16 formation could have been used by providing no more than the same 4-17 degree of treatment. 4-18 (vii) As part of the application process to appropriate 4-19 State water, or amend an existing appropriation, to authorize the 4-20 underground storage of appropriated State surface water in an 4-21 aquifer, said application shall be evaluated as a Class V Well 4-22 permit application also; provided, however, that such consideration 4-23 shall be consolidated into the water rights permitting process and 4-24 that no separate hearing or notice shall be required for the Class 4-25 V Injection Well authorization. 5-1 (vii) In addition to the notice requirements of Chapter 11 5-2 of this Code, any person desiring to store or recharge State water 5-3 in or an "Underground Water Reservoir" as that term is defined in 5-4 Chapter 52 of this Code, pursuant to this Act shall provide copies 5-5 of any required Notice to any Underground Water Conservation 5-6 District with jurisdiction over said "underground water reservoir." 5-7 SECTION 3. Applicability of the Act. This Act applies to an 5-8 application filed on or after the Effective Date of this Act for a 5-9 permit or an amendment to a permit to appropriate State water, 5-10 which contemplates the recharge or underground storage of State 5-11 water in an aquifer other than the portion of the Edwards Aquifer 5-12 in Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties. This 5-13 Act has no effect on any existing permit issued by the Commission, 5-14 or any application for a permit or a amendment to a permit which 5-15 contemplates the recharge or underground storage of State water 5-16 that was determined to be administratively complete by the 5-17 Commission on or before the Effective Date of this Act. 5-18 SECTION 4. Declaration of an Emergency. The importance of 5-19 this legislation and the crowded condition of the calendars in both 5-20 houses create an emergency and an imperative public necessity that 5-21 the constitutional rule requiring bills to be read on several days 5-22 in each house be suspended, and this rule is hereby suspended, and 5-23 that this Act take effect and be in force from and after its 5-24 passage, and it is so enacted.