HBA-JLV C.S.H.B. 2409 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2409 By: Counts Natural Resources 4/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The Edwards Aquifer is the sole source of drinking water for the City of San Antonio and many surrounding communities in South Texas. This growing region of the state already requires more water sources to serve the people of South Texas. Recently, concerns have been raised about protecting the quality of this drinking water as projects become feasible that may involve direct injection into the aquifer through the use of injection wells. House Bill 2409 authorizes the use of direct injection wells over the Edwards Aquifer only if the water being injected is withdrawn from the Edwards Aquifer or is recharged through a natural recharge feature. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2409 authorizes the Edwards Aquifer Authority to contract for injection or artificial recharge only if the provision is made for the protection and maintenance of the quality of groundwater in the receiving part of the aquifer and the water used for artificial recharge is groundwater withdrawn from the aquifer or the water is recharged through a natural recharge feature. The bill prohibits the Texas Natural Resource Conservation Commission from issuing a permit for an injection well that passes through or terminates in the Edwards Aquifer unless the fluid injected is groundwater withdrawn from the Edwards Aquifer. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2409 modifies the original to authorize the use of direct injection wells over the Edwards Aquifer only if the water being injected is withdrawn from the Edwards Aquifer or is recharged through a natural recharge feature. The substitute no longer requires the water used for injection of artificial recharge to be surface water. The substitute prohibits the Texas Natural Resource Conservation Commission from issuing a permit for an injection well that passes through or terminates in the Edwards Aquifer unless the fluid injected is groundwater withdrawn from the Edwards Aquifer. The substitute deletes provisions prohibiting water other than surface water to be used for injection into or artificial recharge of the Edwards Aquifer.