By: Madla S.B. No. 985
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appropriation and regulation of State water for
1-2 beneficial use, including underground storage or recharge of State
1-3 water in aquifers, other than that portion of Edwards Aquifer in
1-4 Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Findings and Declaration of State Policy.
1-7 (i) The Legislature finds that the underground storage or
1-8 recharge of State water in aquifers constitutes a beneficial use of
1-9 State water. The Legislature further finds that the use of
1-10 aquifers for storage or recharge of State water (a) will
1-11 (1) enhance the conservation and protection of appropriated State
1-12 water by minimizing evaporation and seepage losses, (2) reduce the
1-13 incidental environmental impacts associated with the construction
1-14 of alternative conventional water storage facilities such as above
1-15 ground reservoirs, and (3) through artificial recharge of State
1-16 water enhance and protect groundwater resources, and (b) is a
1-17 necessary use of State water incident to maximizing the
1-18 conservation beneficial use of such water.
1-19 (ii) The Legislature finds that the storage or recharge of
1-20 State water in aquifers will not affect property rights, including
1-21 the ownership and rights of owners of land and his lessees and
1-22 assigns in underground water subject to the right of capture, which
1-23 rights are hereby recognized.
2-1 (iii) The Legislature finds that the storage or recharge of
2-2 State water in aquifers will not affect the authority or
2-3 jurisdiction of Underground Conservation Districts.
2-4 (iv) The Legislature finds that the use of aquifers as
2-5 storage facilities for State water may relieve a portion of the
2-6 economic burden upon taxpayers and utility ratepayers commonly
2-7 associated with the construction of alternative conventional water
2-8 storage facilities.
2-9 Thus, the Legislature finds that the use of aquifers for
2-10 storage or recharge of appropriated State water complies with the
2-11 State of Texas to protect and conserve State water, and to enhance
2-12 and maximize its beneficial use, mandated by the Conservation
2-13 Amendment (Tex. Const. Art XVI, ss59).
2-14 SECTION 2. Amending Language. In keeping with the "Findings
2-15 and Declaration of State Policy" in Section 1 of this Act, Section
2-16 11.023, Water Code, is amended to add the following sections, which
2-17 read as follows:
2-18 (i) State water may be appropriated for beneficial use for
2-19 recharge, or any other beneficial use and incidental to such use
2-20 may be stored in aquifers of the State for later retrieval for
2-21 beneficial use on the surface.
2-22 (ii) Notwithstanding the authority granted in paragraph (i)
2-23 of this Section, authorization to appropriate State water for
2-24 recharge or injection into that portion of the Edwards Aquifer in
2-25 Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties is subject
3-1 to the provisions of Section 11.023(c)-(d) of this Code.
3-2 (iii) The storage of State Water granted in paragraph (i) of
3-3 this Section will only be authorized if it can be established by
3-4 substantive evidence accompanying an application filed to
3-5 appropriate State water for such purpose, or in a contested hearing
3-6 by expert testimony, that an unreasonable loss State water will not
3-7 occur and that the stored water can be withdrawn at a later time
3-8 for application to any beneficial use authorized by statute.
3-9 (iv) State water stored underground in aquifers pursuant to
3-10 paragraph (i) of this section shall retain its character as State
3-11 water, and remain subject (a) to the terms and conditions imposed
3-12 by any permit, or amendment to any permit, authorizing such
3-13 underground storage or recharge issued by the Commission, and
3-14 (b) to the ongoing supervision of the Commission and any rules
3-15 promulgated by the Commission within its jurisdiction. Although
3-16 retaining its character as State water, any State water stored in
3-17 or recharged to an aquifers pursuant to this section which becomes
3-18 commingled with native groundwater may be subject to capture by the
3-19 owner of real property overlying the commingled water. Provided,
3-20 further, that the potential loss of water, which may occur through
3-21 the exercise of the right of capture by a landowner overlying the
3-22 aquifer used for storage or recharge of State water, shall be
3-23 deemed to be a beneficial use of State water, subject only to the
3-24 prohibitions of Chapter 11 of this Code against waste.
3-25 (v) Any person desiring to store or recharge State water in
4-1 an aquifer for subsequent retrieval must so state in the
4-2 application to appropriate State water, or in any request for an
4-3 amendment to an existing appropriation, filed with the Commission.
4-4 (vi) In determining whether to grant a request to allow the
4-5 underground storage of appropriated State water in an aquifer, the
4-6 commission shall consider whether the storage of State water in the
4-7 aquifer designed to receive it will cause any alteration of the
4-8 physical, chemical, or biological quality of native groundwater
4-9 that would make subsequently water produced from the formation
4-10 harmful, detrimental or injurious, (a) to humans, animal life,
4-11 vegetation, or property, or (b) to public health, safety or
4-12 welfare; or that impairs the usefulness for public enjoyment of the
4-13 water to be produced from the formation for any lawful and
4-14 reasonable purpose for which native quality groundwater in the
4-15 formation could have been used by providing no more than the degree
4-16 of treatment.
4-17 (vii) As part of the application process to appropriate
4-18 State water, or amend an existing appropriation, to authorize the
4-19 underground storage of appropriated State surface water in an
4-20 aquifer, said application shall be evaluated as a Class V Well
4-21 permit application also; provided, however, that such consideration
4-22 shall be consolidated into the water rights permitting process and
4-23 that no separate hearing or notice shall be required for the Class
4-24 V Injection Well authorization.
4-25 (vii) In addition to the notice requirements of Chapter 11
5-1 of this Code, any person desiring to store or recharge State water
5-2 in or an "Underground Water Reservoir" as that term is defined in
5-3 Chapter 52 of this Code, pursuant to this Act shall provide copies
5-4 of any required Notice to any Underground Water Conservation
5-5 District with jurisdiction over said "underground water reservoir."
5-6 SECTION 3. Applicability of the Act. This Act applies to an
5-7 application filed on or after the Effective Date of this Act for a
5-8 permit or an amendment to a permit to appropriate State water,
5-9 which contemplates the recharge or underground storage of State
5-10 water in an aquifer other than the portion of the Edwards Aquifer
5-11 in Kinney, Uvalde, Medina, Bexar, Comal and Hays Counties. This
5-12 Act has no effect on any existing permit issued by the Commission,
5-13 or any application for a permit or a amendment to a permit which
5-14 contemplates the recharge or underground storage of State water
5-15 that was determined to be administratively complete by the
5-16 Commission on or before the Effective Date of this Act.
5-17 SECTION 4. Declaration of an Emergency. The importance of
5-18 this legislation and the crowded condition of the calendars in both
5-19 houses create an emergency and an imperative public necessity that
5-20 the constitutional rule requiring bills to be read on several days
5-21 in each house be suspended, and this rule is hereby suspended, and
5-22 that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.