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Texas Water Code

§ 11.157 — WATER FOR USE AS AQUIFER RECHARGE OR IN AN AQUIFER STORAGE AND RECOVERY PROJECT

WA § 11.157Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 11. WATER RIGHTS · Art. D. PERMITS TO USE STATE WATER

Statute text

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(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):

Legislative history

Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 2, eff. June 10, 2019.