SRC-MWN H.B. 2409 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2409
By: Counts (Armbrister)
Natural Resources
5/9/2001
Engrossed


DIGEST AND PURPOSE 

The Edwards Aquifer is the sole source of drinking water for the City of
San Antonio and many surrounding communities in South Texas. This growing
region of the state already requires more water sources to serve the people
of South Texas. Recently, concerns have been raised about protecting the
quality of this drinking water as projects become feasible that may involve
direct injection into the aquifer through the use of injection wells. H.B.
2409 authorizes the use of direct injection wells over the Edwards Aquifer
only if the water being injected is withdrawn from the Edwards Aquifer or
is recharged through a natural recharge feature.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource and
Conservation Commission in SECTION 2 (Section 27.051, Water Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1.44, Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993, by adding Subsection (e) to authorize the Edwards
Aquifer Authority (authority) to contract for injection or artificial
recharge under this section only if provision is made for protecting and
maintaining the quality of groundwater in the receiving part of the
aquifer, and the water used for artificial recharge is groundwater
withdrawn from the aquifer or the water is recharged through a natural
recharge feature. 

SECTION 2.  Amends Section 27.051, Water Code, by adding Subsection (h), to
prohibit the Texas Natural Resource Conservation Commission (commission)
from authorizing by rule or permit an injection well that transects or
terminates in the authority.  Authorizes the commission by rule to
authorize injection of groundwater withdrawn from the authority, or
injections of storm water, flood water, or groundwater through improved
sinkholes or caves located in karst topographic areas. Provides that for
purposes of this subsection, "Edwards Aquifer" has the meaning assigned by
Section 26.046(a). 

SECTION 3. (a) Effective date: September 1, 2001.

(b) Makes application of this Act prospective.