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A BILL TO BE ENTITLED
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AN ACT
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relating to recharge of the Edwards Aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 626, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 1.445 to read as |
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follows: |
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Sec. 1.445. COMPENSATION TO POLITICAL SUBDIVISION FOR |
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ARTIFICIAL RECHARGE. Notwithstanding whether a political |
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subdivision enters into a cooperative contract with the authority |
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under Section 1.44 of this Act, a political subdivision causing |
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artificial recharge of the aquifer is entitled to: |
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(1) withdraw during any 12-month period the measured |
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amount of water actually injected or artificially recharged during |
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the preceding 12-month period, as demonstrated and established by |
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expert testimony, less an amount determined by the authority to: |
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(A) account for that part of the artificially |
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recharged water discharged through springs; and |
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(B) compensate the authority in lieu of user's |
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fees; |
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(2) be compensated by the authority for the cost of |
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operating any facility that is causing artificial recharge of the |
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aquifer, regardless of the primary function of the facility or the |
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date the facility was constructed; or |
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(3) a combination of withdrawals under Subdivision (1) |
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and compensation under Subdivision (2). |
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SECTION 2. The change in law made by this Act applies only |
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to any artificial recharge of the Edwards Aquifer that occurs on or |
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after the effective date of this Act. Any artificial recharge of |
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the Edwards Aquifer that occurs before the effective date of this |
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Act is governed by the law in effect when the recharge occurred, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |