85R8311 DMS-D     By: Lucio III H.B. No. 2867       A BILL TO BE ENTITLED   AN ACT   relating to the contracts of the Edwards Aquifer recharge, storage,   and recovery projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 1.44(a), (b), and (c), Chapter 626,   Acts of the 73rd Legislature, Regular Session, 1993, are amended to   read as follows:          (a)  The authority may contract with any investor-owned   utility or political subdivision of the state under Chapter 791,   Government Code, to provide for artificial recharge of the aquifer,   through injection wells or with surface water subject to the   control of the investor-owned utility or political subdivision, for   the subsequent retrieval of the water by the investor-owned utility   or political subdivision or its authorized assignees for beneficial   use within the authority.          (b)  The authority may not unreasonably deny a request to   enter into a cooperative contract under this section if the   investor-owned utility or political subdivision agrees to:                (1)  file with the authority records of the injection   or artificial recharge of the aquifer; and                (2)  provide for protection of the quality of the   aquifer water and of the rights of aquifer users in designating the   location of injection wells or recharge dams, the methods of   injection or recharge, and the location and type of retrieval   wells.          (c)  The investor-owned utility or 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.          SECTION 2.  This Act takes effect September 1, 2017.