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AN ACT
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relating to appropriations of water for recharge of aquifers and |
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use in aquifer storage and recovery projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.023(a) and (d), Water Code, are |
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amended to read as follows: |
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(a) To the extent that state water has not been set aside by |
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the commission under Section 11.1471(a)(2) to meet downstream |
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instream flow needs or freshwater inflow needs, state water may be |
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appropriated, stored, or diverted for: |
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(1) domestic and municipal uses, including water for |
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sustaining human life and the life of domestic animals; |
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(2) agricultural uses and industrial uses, meaning |
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processes designed to convert materials of a lower order of value |
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into forms having greater usability and commercial value, including |
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the development of power by means other than hydroelectric; |
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(3) mining and recovery of minerals; |
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(4) hydroelectric power; |
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(5) navigation; |
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(6) recreation and pleasure; |
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(7) public parks; [and] |
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(8) game preserves; and |
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(9) recharge into an aquifer underlying this state |
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other than an aquifer described under Subsection (c) through |
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surface infiltration or an aquifer recharge project as defined by |
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Section 27.201. |
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(d) When it is put or allowed to sink into the ground, water |
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appropriated under Subsections (a)(9) and [Subsection] (c) [of
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this section] loses its character and classification as state |
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water, storm water, or floodwater and is considered percolating |
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groundwater. |
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SECTION 2. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Sections 11.157 and 11.158 to read as follows: |
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Sec. 11.157. WATER FOR USE AS AQUIFER RECHARGE OR IN AN |
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AQUIFER STORAGE AND RECOVERY PROJECT. (a) Unappropriated water, |
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including storm water and floodwater, may be appropriated for |
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recharge into an aquifer underlying this state, including an |
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aquifer recharge project as defined by Section 27.201. Water |
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appropriated for diversion and a beneficial use may be stored in an |
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aquifer storage and recovery project, as defined by Section 27.151, |
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before the water is recovered for that beneficial use. |
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(b) The commission may authorize the appropriation of water |
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under Subsection (a) if the commission determines that: |
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(1) the water is not needed under Section 11.147 or |
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11.1471(a)(2), as applicable, to meet downstream instream flow |
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needs or freshwater inflow needs; |
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(2) the appropriation will accomplish a purpose |
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established by Section 11.023; and |
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(3) the application for the water right or amendment |
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to the water right complies with Subsection (c). |
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(c) A water right or an amendment to a water right |
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authorizing a new appropriation of water for use under Subsection |
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(a): |
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(1) must comply with the requirements of Section |
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11.134; |
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(2) must include any special conditions the commission |
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considers necessary to implement this section; and |
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(3) may be for water that is not continuously |
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available. |
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(d) Before approving an application for a water right or an |
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amendment to a water right for a new appropriation of water in the |
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Rio Grande basin under this section, the commission shall consider |
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the water accounting requirements for any international water |
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sharing treaty, minutes, and agreement applicable to the Rio Grande |
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basin and the effect of the project on the allocation of water by |
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the Rio Grande watermaster in the middle and lower Rio Grande. The |
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commission may not authorize a new appropriation of water that |
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would result in a violation of a treaty or court decision. |
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(e) An application for a water right or an amendment to a |
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water right under this section is subject to the motion and hearing |
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requirements of this subchapter. |
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(f) Not later than the 180th day after the date the |
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commission determines that a water right or an amendment to a water |
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right under this section is administratively complete, the |
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commission shall complete a technical review of the application. |
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(g) The commission shall adopt rules providing for the |
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considerations for determining the frequency that the water must be |
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available before it may be appropriated. |
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Sec. 11.158. AMENDMENT TO CONVERT USE FROM RESERVOIR |
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STORAGE TO AQUIFER STORAGE AND RECOVERY. (a) In this section, |
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"aquifer storage and recovery project" has the meaning assigned by |
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Section 27.151. |
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(b) A holder of a water right that authorizes the storage of |
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water for a beneficial use in a reservoir that has not been |
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constructed may file an application to amend the water right to |
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remove the authorization for storage in a reservoir provided that |
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the water diverted under the right will be stored in an aquifer |
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storage and recovery project authorized under Section 27.153 for |
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later retrieval and use as authorized by the original water right. |
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(c) An application for an amendment to a water right |
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described by Subsection (b) may request an increase in the amount of |
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water that may be diverted or the rate of diversion on the basis of |
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an evaporation credit that takes into account the amount of water |
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that would have evaporated if the storage reservoir had been |
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constructed. |
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(d) A holder of a water right authorizing an appropriation |
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of water for storage in a storage reservoir that has lost storage |
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because of sedimentation, as determined by a survey performed by |
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the board, may file an application for an amendment to the water |
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right to change the use or purpose for which the appropriation is to |
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be made from storage by diversion to storage as part of an aquifer |
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storage and recovery project for later retrieval and use as |
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authorized by the original water right in an amount equal to all or |
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part of the amount of water yield lost to sedimentation. |
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(e) An application for an amendment to a water right |
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described by Subsection (b) is exempt from any notice and hearing |
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requirements of a statute, commission rule, or permit condition and |
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may not be referred to the State Office of Administrative Hearings |
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for a contested case hearing if the requested change will not cause |
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a negative effect on other water rights holders or the environment |
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that is greater than the effect that the original permit would have |
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had were the permit rights exercised to the full extent of the |
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original permit. |
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(f) An application for an amendment to a water right |
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described by Subsection (c) or (d) is subject to the notice and |
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hearing requirements of this chapter. |
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(g) If the commission grants an application for an amendment |
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to a water right described by Subsection (c) or (d), the commission |
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shall include in the amendment any special conditions the |
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commission considers necessary to: |
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(1) protect existing water rights; and |
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(2) comply with any applicable requirements |
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established under Section 11.147 or 11.1471. |
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(h) The commission may adopt rules providing an expedited |
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procedure for acting on an application for an amendment to a water |
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right described by Subsection (b) and the procedures to file and act |
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on an application for an amendment to a water right described by |
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Subsection (c) or (d). |
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SECTION 3. Chapter 27, Water Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. AQUIFER RECHARGE PROJECTS |
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Sec. 27.201. DEFINITIONS. In this subchapter: |
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(1) "Aquifer recharge project" means a project |
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involving the intentional recharge of an aquifer by means of an |
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injection well authorized under this chapter or other means of |
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infiltration, including actions designed to: |
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(A) reduce declines in the water level of the |
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aquifer; |
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(B) supplement the quantity of groundwater |
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available; |
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(C) improve water quality in an aquifer; |
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(D) improve spring flows and other interactions |
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between groundwater and surface water; or |
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(E) mitigate subsidence. |
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(2) "Native groundwater" means the groundwater |
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naturally occurring in a geologic formation. |
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(3) "Project operator" means a person holding an |
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authorization under this subchapter to undertake an aquifer |
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recharge project. |
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(4) "Recharge injection well" means a Class V |
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injection well used for the injection of water into a geologic |
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formation for an aquifer recharge project, including an improved |
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sinkhole or cave connected to an aquifer. |
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Sec. 27.202. JURISDICTION. The commission has exclusive |
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jurisdiction over the regulation and permitting of recharge |
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injection wells. |
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Sec. 27.203. AUTHORIZATION FOR USE OF CLASS V INJECTION |
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WELLS. (a) The commission may authorize the use of a Class V |
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injection well as a recharge injection well: |
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(1) by rule; |
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(2) under an individual permit; or |
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(3) under a general permit. |
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(b) In adopting a rule or issuing a permit under this |
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section, the commission shall consider: |
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(1) whether the injection of water will comply with |
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the standards established by the federal Safe Drinking Water Act |
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(42 U.S.C. Section 300f et seq.); |
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(2) the effect of the aquifer recharge project on |
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existing water wells; and |
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(3) whether the introduction of water into the |
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receiving geologic formation will alter the physical, chemical, or |
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biological quality of the native groundwater to a degree that |
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would: |
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(A) render the groundwater produced from the |
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receiving geologic formation harmful or detrimental to people, |
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animals, vegetation, or property; or |
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(B) require an unreasonably higher level of |
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treatment of the groundwater produced from the receiving geologic |
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formation than is necessary for the native groundwater to render |
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the groundwater suitable for beneficial use. |
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(c) The commission by rule shall provide for public notice |
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and comment on a proposed general permit authorized under this |
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section. The commission shall require an applicant for an |
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individual permit authorized under this section to provide notice |
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of the application by first class mail to any groundwater |
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conservation district in which the wells associated with the |
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aquifer recharge project will be located and by publishing notice |
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in a newspaper of general circulation in the county in which the |
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wells will be located. |
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Sec. 27.204. TECHNICAL STANDARDS. (a) The commission shall |
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adopt technical standards governing the approval of the use of a |
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Class V injection well as a recharge injection well. |
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(b) The commission may not adopt or enforce groundwater |
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quality protection standards for the quality of water injected into |
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a recharge injection well that are more stringent than applicable |
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federal standards. |
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Sec. 27.205. REPORTING OF INJECTION VOLUMES. (a) A project |
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operator shall install a meter on each recharge injection well |
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associated with the aquifer recharge project. |
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(b) Each calendar year, the project operator shall provide |
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to the commission a written or electronic report showing for the |
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preceding calendar year the volume of water injected for recharge. |
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Sec. 27.206. REPORTING OF WATER QUALITY DATA. A project |
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operator shall: |
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(1) perform water quality testing annually on water to |
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be injected into a geologic formation as part of the aquifer |
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recharge project; and |
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(2) provide the results of the testing described by |
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Subdivision (1) in written or electronic form to the commission. |
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Sec. 27.207. OTHER LAWS NOT AFFECTED. (a) This subchapter |
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does not affect the ability to regulate an aquifer recharge project |
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as authorized under: |
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(1) Chapter 626, Acts of the 73rd Legislature, Regular |
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Session, 1993, for the Edwards Aquifer Authority; |
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(2) Chapter 8801, Special District Local Laws Code, |
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for the Harris-Galveston Subsidence District; |
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(3) Chapter 8834, Special District Local Laws Code, |
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for the Fort Bend Subsidence District; |
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(4) Chapter 8802, Special District Local Laws Code, |
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for the Barton Springs-Edwards Aquifer Conservation District; or |
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(5) Chapter 8811, Special District Local Laws Code, |
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for the Corpus Christi Aquifer Storage and Recovery Conservation |
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District. |
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(b) This subchapter does not affect the authority of the |
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commission regarding: |
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(1) recharge projects in certain portions of the |
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Edwards underground reservoir under Sections 11.023(c) and (d); |
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(2) injection wells that transect or terminate in |
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certain portions of the Edwards Aquifer under Section 27.0516; or |
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(3) aquifer storage and recovery projects under |
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Section 11.155 or Subchapter G of this chapter. |
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SECTION 4. Not later than June 1, 2020, the Texas Commission |
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on Environmental Quality shall adopt rules to implement Sections |
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11.157 and 11.158, Water Code, as added by this Act, and Subchapter |
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H, Chapter 27, Water Code, as added by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 720 was passed by the House on May 1, |
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2019, by the following vote: Yeas 135, Nays 3, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 720 was passed by the Senate on May |
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22, 2019, by the following vote: Yeas 25, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |