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A BILL TO BE ENTITLED
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AN ACT
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relating to the storage and recovery of water in a portion of the |
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Edwards Aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.44, Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by amending |
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Subsections (c) and (e) and adding Subsections (c-1) and (e-1) to |
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read as follows: |
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(c) Except as provided by Subsection (c-1), the [The] |
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political subdivision causing artificial recharge of the aquifer is |
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entitled to withdraw during any 12-month period the measured amount |
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of water actually injected or artificially recharged during the |
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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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(1) account for that part of the artificially |
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recharged water discharged through springs; and |
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(2) compensate the authority in lieu of users' fees. |
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(c-1) A political subdivision or municipally owned utility |
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causing artificial recharge of a portion of the aquifer that |
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contains groundwater with a total dissolved solids concentration of |
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more than 5,000 milligrams per liter is entitled to withdraw the |
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measured amount of water actually injected or artificially |
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recharged. |
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(e) The authority may contract for injection or artificial |
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recharge under this section only if provision is made for |
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protecting and maintaining the quality of groundwater in the |
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receiving part of the aquifer, and: |
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(1) the water used for artificial recharge is |
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groundwater withdrawn from the aquifer; [or] |
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(2) the water is recharged through a natural recharge |
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feature; or |
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(3) the water is injected by a municipally owned |
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utility owned by the City of New Braunfels, and: |
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(A) the water has a total dissolved solids |
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concentration of less than 1,500 milligrams per liter and is not |
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domestic wastewater, municipal wastewater, or reclaimed water as |
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those terms are defined by 30 T.A.C. Chapter 210, effective October |
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31, 2018; |
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(B) the injection well terminates in a portion of |
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the aquifer that contains groundwater with a total dissolved solids |
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concentration of more than 5,000 milligrams per liter; and |
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(C) if the water injected is state water, the |
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utility has a water right or contract for use of the water that does |
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not prohibit use of the water in an aquifer storage and recovery |
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project. |
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(e-1) The injection or withdrawal of water under Subsection |
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(c-1) or (e)(3) must comply with requirements imposed under |
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Subchapter G, Chapter 27, Water Code. |
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SECTION 2. Section 27.051(i), Water Code, is amended to |
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read as follows: |
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(i) For purposes of this subsection, "Edwards Aquifer" has |
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the meaning assigned by Section 26.046(a). Except as otherwise |
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provided by this subsection, the [The] commission may not authorize |
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by rule or permit an injection well that transects or terminates in |
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the Edwards Aquifer. The commission by rule may authorize: |
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(1) injection of groundwater withdrawn from the |
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Edwards Aquifer; |
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(2) [, or] injections of storm water, flood water, or |
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groundwater through improved sinkholes or caves located in karst |
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topographic areas; or |
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(3) injections of water made in accordance with |
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Section 1.44(e)(3), Chapter 626, Acts of the 73rd Legislature, |
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Regular Session, 1993. [For purposes of this subsection, "Edwards
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Aquifer" has the meaning assigned by Section 26.046(a).] |
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SECTION 3. This Act takes effect September 1, 2019. |