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A BILL TO BE ENTITLED
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AN ACT
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relating to permits for certain injection wells that transect a |
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portion of the Edwards Aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 27.0516(a)(1) and (3), Water Code, are |
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amended to read as follows: |
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(1) "Edwards Aquifer" means that portion of an arcuate |
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belt of porous, waterbearing limestones composed of the Edwards |
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Formation, Georgetown Formation, Comanche Peak Formation, Salmon |
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Peak Limestone, McKnight Formation, West Nueces Formation, Devil's |
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River Limestone, Person Formation, Kainer Formation, and Edwards |
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Group, together with the Upper Glen Rose Formation where there is a |
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significant hydrological connection to the overlying Edwards Group |
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[trending from west to east to northeast through Kinney, Uvalde,
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Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson
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Counties]. The permeable aquifer units generally overlie the |
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less-permeable Glen Rose Formation to the south[, overlie the
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less-permeable Comanche Peak and Walnut Formations north of the
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Colorado River,] and underlie the less-permeable Del Rio Clay |
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regionally. |
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(3) "Fresh water" means surface water or groundwater, |
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without regard to whether the water has been physically, |
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chemically, or biologically altered, that: |
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(A) contains a total dissolved solids |
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concentration of not more than 1,000 milligrams per liter; [and] |
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(B) meets the water quality standards for public |
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drinking water established by commission rule; and |
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(C) is otherwise suitable as a source of drinking |
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water supply. |
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SECTION 2. Sections 27.0516(b), (f), (h), (k), and (n), |
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Water Code, are amended to read as follows: |
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(b) This section applies only to the portion of the Edwards |
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Aquifer that is within the geographic area circumscribed by the |
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external boundaries of the Barton Springs-Edwards Aquifer |
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Conservation District but is not in the jurisdiction [that
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district's territory or the territory] of the Edwards Aquifer |
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Authority. |
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(f) The commission by general permit may authorize: |
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(1) an activity described by Subsection (e); |
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(2) an injection well that transects and isolates the |
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saline portion of the Edwards Aquifer and terminates in a lower |
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aquifer for the purpose of injecting: |
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(A) concentrate from a desalination facility; or |
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(B) fresh water as part of an engineered aquifer |
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storage and recovery facility; |
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(3) an injection well that terminates in that part of |
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the saline portion of the Edwards Aquifer that has a total dissolved |
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solids concentration of more than 10,000 milligrams per liter for |
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the purpose of injecting into the saline portion of the Edwards |
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Aquifer: |
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(A) concentrate from a desalination facility, |
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provided that the injection well must be at least three miles from |
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the closest outlet of Barton Springs; or |
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(B) fresh water as part of an engineered aquifer |
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and storage recovery facility, provided that each well used for |
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injection or withdrawal from the facility must be at least three |
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miles from the closest outlet of Barton Springs; [or] |
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(4) an injection well that transects or terminates in |
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the Edwards Aquifer for: |
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(A) aquifer remediation; |
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(B) the injection of a nontoxic tracer dye as |
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part of a hydrologic study; or |
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(C) another beneficial activity that is designed |
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and undertaken for the purpose of increasing protection of an |
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underground source of drinking water from pollution or other |
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deleterious effects; or |
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(5) the injection of fresh water into a well that |
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transects the Edwards Aquifer provided that: |
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(A) the well isolates the Edwards Aquifer and |
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meets the construction and completion standards adopted by the |
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commission under Section 27.154; |
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(B) the well is part of an engineered aquifer |
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storage and recovery facility; |
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(C) the injected water is sourced from a public |
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water system, as defined by commission rule, that is permitted by |
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the commission; and |
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(D) the injection complies with the provisions of |
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Subchapter G that are not in conflict with this section. |
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(h) Rules adopted or a general permit issued under this |
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section: |
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(1) must require that an injection well authorized by |
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the rules or permit be monitored by means of: |
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(A) one or more [a] monitoring wells [well] |
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operated by the injection well owner if the commission determines |
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that there is an underground source of drinking water in the area of |
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review that is potentially affected by the injection well; or |
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(B) if Paragraph (A) does not apply, one or more |
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[a] monitoring wells [well] operated by a party other than the |
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injection well owner, provided that all results of monitoring are |
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promptly made available to the injection well owner; |
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(2) must ensure that an authorized activity will not |
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result in the waste or pollution of native groundwater [fresh
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water]; |
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(3) may not authorize an injection well under |
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Subsection (f)(2), [or] (3), or (5) unless the well is initially |
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associated with a small-scale research project designed to evaluate |
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the long-term feasibility and safety of: |
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(A) the injection of concentrate from a |
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desalination facility; or |
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(B) an aquifer storage and recovery project; |
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(4) must require any authorization granted to be |
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renewed at least as frequently as every 10 years; |
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(5) must require that an injection well authorized |
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under Subsection (f)(2)(A) or (3)(A) be monitored on an ongoing |
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basis by or in coordination with the well owner and that the well |
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owner file monitoring reports with the commission at least as |
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frequently as every three months; [and] |
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(6) must ensure that any injection well authorized for |
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the purpose of injecting concentrate from a desalination facility |
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does not transect the fresh water portion of the Edwards Aquifer; |
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and |
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(7) must be consistent with the provisions of |
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Subchapter G that are not in conflict with this section. |
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(k) Notwithstanding Subsection (h)(3), a general permit may |
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authorize the owner of an injection well authorized under |
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Subsection (f)(2), [or] (3), or (5) to continue operating the well |
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for the purpose of implementing the desalination or engineered |
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aquifer storage and recovery project following completion of the |
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small-scale research project, provided that: |
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(1) the injection well owner timely submits the |
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information collected as part of the research project, including |
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monitoring reports and information regarding the environmental |
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impact of the well, to the commission; |
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(2) the injection well owner, following the completion |
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of studies and monitoring adequate to characterize risks to the |
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fresh water portion of the Edwards Aquifer, the Trinity Aquifer, or |
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[and] other native groundwater [fresh water] associated with the |
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continued operation of the well, and at least 90 days before the |
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date the owner initiates commercial well operations, files with the |
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commission a notice of intent to continue operation of the well |
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after completion of the research project; and |
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(3) the commission, based on the studies and |
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monitoring, the report provided by Texas State University--San |
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Marcos under Subsection (l)(2), and any other reasonably available |
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information, determines that continued operation of the injection |
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well as described in the notice of intent does not pose an |
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unreasonable risk to the fresh water portion of the Edwards |
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Aquifer, the Trinity Aquifer, or other native groundwater [fresh
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water] associated with the continued operation of the well. |
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(n) If the commission preliminarily determines that |
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continued operation of the injection well would pose an |
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unreasonable risk to the fresh water portion of the Edwards |
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Aquifer, the Trinity Aquifer, or other native groundwater [fresh
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water] associated with the continued operation of the well, the |
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commission shall notify the operator and specify, if possible, what |
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well modifications or operational controls would be adequate to |
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prevent that unreasonable risk. If the operator fails to modify the |
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injection well as specified by the commission, the commission shall |
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require the operator to cease operating the well. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |