86R2701 BRG-F
 
  By: Kuempel H.B. No. 481
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the storage and recovery of water in a portion of the
  Edwards Aquifer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.44, Chapter 626, Acts of the 73rd
  Legislature, Regular Session, 1993, is amended by amending
  Subsections (c) and (e) and adding Subsection (c-1) to read as
  follows:
         (c)  Except as provided by Subsection (c-1), the [The]
  political subdivision causing artificial recharge of the aquifer is
  entitled to withdraw during any 12-month period the measured amount
  of water actually injected or artificially recharged during the
  preceding 12-month period, as demonstrated and established by
  expert testimony, less an amount determined by the authority to:
               (1)  account for that part of the artificially
  recharged water discharged through springs; and
               (2)  compensate the authority in lieu of users' fees.
         (c-1)  A political subdivision causing artificial recharge
  of a portion of the aquifer that contains groundwater with a total
  dissolved solids concentration of more than 5,000 milligrams per
  liter is entitled to withdraw the measured amount of water actually
  injected or artificially recharged.
         (e)  The authority may 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:
               (1)  the water used for artificial recharge is
  groundwater withdrawn from the aquifer; [or]
               (2)  the water is recharged through a natural recharge
  feature; or
               (3)  the water is injected by a municipally owned
  utility owned by the City of New Braunfels, and:
                     (A)  the water has a total dissolved solids
  concentration of less than 1,500 milligrams per liter and is not
  domestic wastewater, municipal wastewater, or reclaimed water as
  those terms are defined by 30 T.A.C. Chapter 210, effective October
  31, 2018; and
                     (B)  the injection well terminates in a portion of
  the aquifer that contains groundwater with a total dissolved solids
  concentration of more than 5,000 milligrams per liter.
         SECTION 2.  Section 27.051(i), Water Code, is amended to
  read as follows:
         (i)  For purposes of this subsection, "Edwards Aquifer" has
  the meaning assigned by Section 26.046(a). Except as otherwise
  provided by this subsection, the [The] commission may not authorize
  by rule or permit an injection well that transects or terminates in
  the Edwards Aquifer. The commission by rule may authorize:
               (1)  injection of groundwater withdrawn from the
  Edwards Aquifer; [, or]
               (2)  injections of storm water, flood water, or
  groundwater through improved sinkholes or caves located in karst
  topographic areas; or
               (3)  injections of water made in accordance with
  Section 1.44(e)(3), Chapter 626, Acts of the 73rd Legislature,
  Regular Session, 1993. [For purposes of this subsection, "Edwards
  Aquifer" has the meaning assigned by Section 26.046(a).]
         SECTION 3.  This Act takes effect September 1, 2019.