The commission may authorize certain water appropriations for aquifer recharge or storage and recovery projects, but only if stated conditions are met and it does not approve actions that would violate a treaty or court decision.
Sec. 11.157. WATER FOR USE AS AQUIFER RECHARGE OR IN AN AQUIFER STORAGE AND RECOVERY PROJECT. (a) Unappropriated water, including storm water and floodwater, may be appropriated for recharge into an aquifer underlying this state, including an aquifer recharge project as defined by Section 27.201. Water appropriated for diversion and a beneficial use may be stored in an aquifer storage and recovery project, as defined by Section 27.151, before the water is recovered for that beneficial use. (b) The commission may authorize the appropriation of water under Subsection (a) if the commission determines that: (1) the water is not needed under Section 11.147 or 11.1471(a)(2), as applicable, to meet downstream instream flow needs or freshwater inflow needs; (2) the appropriation will accomplish a purpose established by Section 11.023; and (3) the application for the water right or amendment to the water right complies with Subsection (c). (c) A water right or an amendment to a water right authorizing a new appropriation of water for use under Subsection (a): (1) must comply with the requirements of Section 11.134; (2) must include any special conditions the commission considers necessary to implement this section; and (3) may be for water that is not continuously available. (d) Before approving an application for a water right or an amendment to a water right for a new appropriation of water in the Rio Grande basin under this section, the commission shall consider the water accounting requirements for any international water sharing treaty, minutes, and agreement applicable to the Rio Grande basin and the effect of the project on the allocation of water by the Rio Grande watermaster in the middle and lower Rio Grande. The commission may not authorize a new appropriation of water that would result in a violation of a treaty or court decision. (e) An application for a water right or an amendment to a water right under this section is subject to the motion and hearing requirements of this subchapter. (f) Not later than the 180th day after the date the commission determines that a water right or an amendment to a water right under this section is administratively complete, the commission shall complete a technical review of the application. (g) The commission shall adopt rules providing for the considerations for determining the frequency that the water must be available before it may be appropriated. Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 2, eff. June 10, 2019.