By: Wentworth S.B. No. 467
A BILL TO BE ENTITLED
AN ACT
relating to the power of the Texas Commission on Environmental
Quality to authorize certain injection wells that transect or
terminate in the Edwards Aquifer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 27, Water Code, is amended
by adding Sections 27.0516 and 27.0517 to read as follows:
Sec. 27.0516. PERMITS FOR INJECTION WELLS THAT TRANSECT OR
TERMINATE IN PORTION OF EDWARDS AQUIFER OUTSIDE BOUNDARIES OF
EDWARDS AQUIFER AUTHORITY. (a) In this section:
(1) "Edwards Aquifer" has the meaning assigned by
Section 26.046(a).
(2) "Fresh water" means water that contains a total
dissolved solids concentration of not more than 1,000 milligrams
per liter and is otherwise suitable as a source of drinking water
supply.
(3) "Saline portion of the Edwards Aquifer" means the
portion of the Edwards Aquifer that contains only groundwater with
a total dissolved solids concentration of more than 1,000
milligrams per liter.
(b) This section applies only to the portion of the Edwards
Aquifer that is outside the boundaries of the Edwards Aquifer
Authority.
(c) Except as otherwise provided by this section, the
commission by rule or permit may not authorize an injection well
that transects or terminates in the Edwards Aquifer.
(d) The commission by rule or permit may authorize:
(1) an injection well for the purpose of injecting
into the saline portion of the Edwards Aquifer:
(A) concentrate from a desalination facility;
and
(B) fresh water as part of a designed aquifer
storage and recovery facility;
(2) the injection of the following in a well that
transects or terminates in the Edwards Aquifer for the purpose of
providing additional recharge:
(A) groundwater withdrawn from the Edwards
Aquifer; and
(B) captured storm water runoff, water captured
in a rainwater harvesting system, or groundwater withdrawn from an
aquifer other than the Edwards Aquifer, if provision is made for
protecting and maintaining the quality of water in the receiving
portion of the Edwards Aquifer;
(3) the injection of storm water or flood water into
the Edwards Aquifer by means of a natural recharge feature such as a
sinkhole or cave located in a karst topographic area for the purpose
of providing additional recharge; and
(4) an injection well that transects or terminates in
the Edwards Aquifer for:
(A) aquifer remediation;
(B) the injection of a nontoxic tracer dye as
part of a hydrologic study; or
(C) another beneficial purpose that will protect
an underground source of drinking water from pollution.
Sec. 27.0517. PERMITS FOR INJECTION WELLS THAT TRANSECT OR
TERMINATE IN PORTION OF EDWARDS AQUIFER INSIDE BOUNDARIES OF
EDWARDS AQUIFER AUTHORITY. (a) In this section, "Edwards Aquifer"
has the meaning assigned by Section 26.046(a).
(b) This section applies only to the portion of the Edwards
Aquifer that is inside the boundaries of the Edwards Aquifer
Authority.
(c) Except as otherwise provided by this section, the
commission by rule or permit may not authorize an injection well
that transects or terminates in the Edwards Aquifer.
(d) The commission by rule or permit may authorize:
(1) the injection of the following in a well that
transects or terminates in the Edwards Aquifer for the purpose of
providing additional recharge:
(A) groundwater withdrawn from the Edwards
Aquifer; and
(B) storm water, flood water, or groundwater from
an aquifer other than the Edwards Aquifer, if provision is made for
protecting and maintaining the quality of groundwater in the
receiving portion of the Edwards Aquifer;
(2) the injection of storm water, flood water, or
groundwater from an aquifer other than the Edwards Aquifer by means
of a natural recharge feature such as a sinkhole or cave located in
a karst topographic area for the purpose of providing additional
recharge; and
(3) an injection well that transects or terminates in
the Edwards Aquifer for:
(A) aquifer remediation;
(B) the injection of a nontoxic tracer dye as
part of a hydrologic study; or
(C) another beneficial purpose that will protect
an underground source of drinking water from pollution.
SECTION 2. Subsection (e), Section 1.44, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(e) The authority may contract for injection or other
artificial recharge under this section only if:
(1) provision is made for protecting and maintaining
the quality of groundwater in the receiving part of the aquifer;
(2) [, and:
[(1)] the water used [for artificial recharge] is:
(A) groundwater withdrawn from the aquifer; or
(B) storm water, flood water, or groundwater from
an aquifer other than the aquifer; and
(3) [(2)] the water is recharged:
(A) through:
(i) a natural recharge feature such as a
sinkhole or cave located in a karst topographic area; or
(ii) an injection well; or
(B) by infiltration.
SECTION 3. Subsection (h), Section 27.051, Water Code, as
added by Chapter 966 (S.B. 2), Acts of the 77th Legislature, Regular
Session, 2001, is repealed.
SECTION 4. This Act takes effect September 1, 2011.