2023S0280-1 03/09/23
 
  By: Schwertner S.B. No. 2379
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of the Edwards Aquifer for the purposes
  of an aquifer storage and recovery project.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 that it includes
  only that portion of Williamson County west of Interstate Highway
  35, running north from its intersection with State Highway 130, to
  the Williamson County Bell County line, and west of State Highway
  130 running south from its intersection with Interstate Highway 35
  to the Williamson County Travis County line. Except as otherwise
  provided by this subsection, 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               (1)  injection of groundwater withdrawn from the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;
               (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.
         SECTION 2.  Section 27.0516(a)(1), Water Code, is amended to
  read as follows:
               (1)  "Edwards Aquifer" means that portion of an arcuate
  belt of porous, waterbearing limestones composed of the Edwards
  Formation, Georgetown Formation, Comanche Peak Formation, Salmon
  Peak Limestone, McKnight Formation, West Nueces Formation, Devil's
  River Limestone, Person Formation, Kainer Formation, and Edwards
  Group, together with the Upper Glen Rose Formation where scientific
  studies have documented a hydrological connection to the overlying
  Edwards Group trending from west to east to northeast through
  Kinney, Uvalde, Medina, Bexar, Kendall, Comal, Hays, and Travis
  Counties, and Williamson County west of Interstate Highway 35,
  running north from its intersection with State Highway 130, to the
  Williamson County Bell County line, and west of State Highway 130
  running south from its intersection with Interstate Highway 35 to
  the Williamson County Travis County line [Counties]. The permeable
  aquifer units generally overlie the less-permeable Glen Rose
  Formation to the south, overlie the less-permeable Comanche Peak
  and Walnut Formations north of the Colorado River, and underlie the
  less-permeable Del Rio Clay regionally.
         SECTION 3.  Not later than December 1, 2023, the commission
  shall adopt or amend rules to implement the changes made by this
  Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.