| (a) A water right holder or a person who has contracted
for the use of water under a contract that does not prohibit the use
of the water in an aquifer storage and recovery project may undertake
an aquifer storage and recovery project without obtaining any additional
authorization under Texas Water Code (TWC), Chapter 11, for the project.
A person, as described in this section, undertaking an aquifer storage
and recovery project must:
(1) obtain any required authorizations under TWC, Chapter
27, Subchapter G, and TWC, Chapter 36, Subchapter N; and
(2) comply with the terms of the applicable water right.
(b) This section does not preclude the commission from
considering an aquifer storage and recovery project, as defined in §297.1
of this title (relating to Definitions), to be a component of a project
permitted under TWC, Chapter 11, that is not required to be based
on the continuous availability of historic, normal stream flow.
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