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Committee backs bill to allow reclaimed water for aquifer storage and recovery projects
Summary
Senate Bill 28 85 would permit use of treated reclaimed water for aquifer storage and recovery (ASR) projects, subject to standards adopted by the Texas Commission on Environmental Quality; the committee adopted a substitute clarifying the treatment standard and advanced the bill.
Senate Bill 28 85, presented by Senator Flores, would clarify that reclaimed water—if treated to standards adopted by the commission—may be used for aquifer storage and recovery (ASR) projects. Flores cited El Paso’s long‑running ASR operations as precedent and said the current statute lacked explicit authority to use reclaimed water directly for ASR even when that water meets potable standards.
Temple city officials and consultants testified in favor. David Olsen (assistant city manager and professional engineer, City of Temple), Brynn Myers (city manager), Mayor Tim Davis, and consultant David Smith detailed Temple’s ASR project and said that direct use of treated reclaimed water for injection into aquifers is more efficient than discharging to surface water and withdrawing downstream. They said clarifying state law would help communities expand water supply storage without additional surface‑water impacts. TCEQ staff (Ashley Lee Forbes and Michelle Risco) testified that TCEQ currently lacks a specific permitting program for direct use of reclaimed water in ASR and would need to develop regulatory standards, but that the agency could work toward appropriate treatment and permitting frameworks.
The committee adopted a committee substitute that changes the statutory standard: instead of requiring compliance with the federal Safe Drinking Water Act, the substitute requires the commission to adopt ASR water‑quality standards for reclaimed water used in ASR projects. On a roll call the committee reported the committee substitute favorably to the full Senate (committee roll call: 9 ayes, 0 nays).
Why it matters: ASR is a water‑management tool that can preserve surplus treated water underground for later recovery, which can increase drought resilience and support industrial and municipal water needs.
Ending: Committee adopted the substitute and advanced the bill; TCEQ indicated it would need to develop a permitting framework and water‑quality standards for ASR reclaimed water.
