Legislative Session: 84(R)

House Bill 655

House Author:  Larson et al.

Effective:  6-16-15

Senate Sponsor:  Perry et al.


            House Bill 655 amends the Water Code to set out provisions relating to the storage and recovery of water in aquifers. Previous law provided for pilot projects for the storage of appropriated water in aquifers and for continued storage at the conclusion of a project.  The bill instead authorizes a water right holder or an applicable water user to undertake an aquifer storage and recovery project without obtaining any additional water right authorization for the project but requires a person undertaking such a project to obtain any required authorizations under the bill's provisions and to comply with the terms of the applicable water right.

House Bill 655 establishes provisions relating to aquifer storage and recovery projects in the Injection Well Act. Among other things, the bill grants the Texas Commission on Environmental Quality (TCEQ) exclusive jurisdiction over the regulation and permitting of ASR injection wells, authorizes TCEQ to authorize the use of a Class V injection well as an ASR injection well, and requires reporting of injection and recovery volumes and water quality data to TCEQ by the project operator.

House Bill 655 establishes provisions relating to aquifer storage and recovery projects with regard to groundwater conservation districts.  Among other things, the bill provides for the registration and reporting of ASR injection wells and ASR recovery wells with the district in which the wells are located and authorizes a district to assess a well registration fee or other administrative fee for an ASR recovery well.  The bill prohibits a district from requiring a permit for the drilling, equipping, operation, or completion of an ASR injection well or an ASR recovery well that is authorized by TCEQ but subjects an ASR recovery well associated with an aquifer storage and recovery project to the district's permitting, spacing, and production requirements if the amount of groundwater recovered from the well exceeds the volume authorized by TCEQ to be recovered under the project.