Texas 2011 - 82nd Regular

Texas Senate Bill SB467 Compare Versions

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1	1	By: Wentworth S.B. No. 467
2	2	(In the Senate - Filed January 31, 2011; February 14, 2011,
3	3	read first time and referred to Committee on Natural Resources;
4	4	April 28, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; April 28, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 467 By: Fraser
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to power of the Texas Commission on Environmental Quality
13	13	to authorize certain injection wells that transect or terminate in
14	14	the Edwards Aquifer.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter D, Chapter 27, Water Code, is amended
17	17	by adding Sections 27.0516 and 27.0517 to read as follows:
18	18	Sec. 27.0516. PERMITS FOR INJECTION WELLS THAT TRANSECT OR
19	19	TERMINATE IN PORTION OF EDWARDS AQUIFER OUTSIDE BOUNDARIES OF
20	20	EDWARDS AQUIFER AUTHORITY. (a) In this section:
21	21	(1) "Edwards Aquifer" has the meaning assigned by
22	22	Section 26.046(a).
23	23	(2) "Fresh water" means water that contains a total
24	24	dissolved solids concentration of not more than 1,000 milligrams
25	25	per liter and is otherwise suitable as a source of drinking water
26	26	supply.
27	27	(3) "Saline portion of the Edwards Aquifer" means the
28	28	portion of the Edwards Aquifer that contains only groundwater with
29	29	a total dissolved solids concentration of more than 1,000
30	30	milligrams per liter.
31	31	(b) This section applies only to the portion of the Edwards
32	32	Aquifer that is outside the boundaries of the Edwards Aquifer
33	33	Authority.
34	34	(c) Except as otherwise provided by this section, the
35	35	commission by rule or permit may not authorize an injection well
36	36	that transects or terminates in the Edwards Aquifer.
37	37	(d) The commission by rule or permit may authorize:
38	38	(1) an injection well for the purpose of injecting
39	39	into the saline portion of the Edwards Aquifer:
40	40	(A) concentrate from a desalination facility;
41	41	and
42	42	(B) fresh water as part of a designed aquifer
43	43	storage and recovery facility;
44	44	(2) the injection of the following in a well that
45	45	transects or terminates in the Edwards Aquifer for the purpose of
46	46	providing additional recharge:
47	47	(A) groundwater withdrawn from the Edwards
48	48	Aquifer; and
49	49	(B) captured storm water runoff, water captured
50	50	in a rainwater harvesting system, or groundwater withdrawn from an
51	51	aquifer other than the Edwards Aquifer, if provision is made for
52	52	protecting and maintaining the quality of water in the receiving
53	53	portion of the Edwards Aquifer;
54	54	(3) the injection of storm water or flood water into
55	55	the Edwards Aquifer by means of a natural recharge feature such as a
56	56	sinkhole or cave located in a karst topographic area for the purpose
57	57	of providing additional recharge; and
58	58	(4) an injection well that transects or terminates in
59	59	the Edwards Aquifer for:
60	60	(A) aquifer remediation;
61	61	(B) the injection of a nontoxic tracer dye as
62	62	part of a hydrologic study; or
63	63	(C) another beneficial purpose that will protect
64	64	an underground source of drinking water from pollution.
65	65	Sec. 27.0517. PERMITS FOR INJECTION WELLS THAT TRANSECT OR
66	66	TERMINATE IN PORTION OF EDWARDS AQUIFER INSIDE BOUNDARIES OF
67	67	EDWARDS AQUIFER AUTHORITY. (a) In this section, "Edwards Aquifer"
68	68	has the meaning assigned by Section 26.046(a).
69	69	(b) This section applies only to the portion of the Edwards
70	70	Aquifer that is inside the boundaries of the Edwards Aquifer
71	71	Authority.
72	72	(c) Except as otherwise provided by this section, the
73	73	commission by rule or permit may not authorize an injection well
74	74	that transects or terminates in the Edwards Aquifer.
75	75	(d) The commission by rule or permit may authorize:
76	76	(1) the injection of the following in a well that
77	77	transects or terminates in the Edwards Aquifer for the purpose of
78	78	providing additional recharge:
79	79	(A) groundwater withdrawn from the Edwards
80	80	Aquifer; and
81	81	(B) storm water, flood water, or groundwater from
82	82	an aquifer other than the Edwards Aquifer, if provision is made for
83	83	protecting and maintaining the quality of groundwater in the
84	84	receiving portion of the Edwards Aquifer;
85	85	(2) the injection of storm water, flood water, or
86	86	groundwater from an aquifer other than the Edwards Aquifer by means
87	87	of a natural recharge feature such as a sinkhole or cave located in
88	88	a karst topographic area for the purpose of providing additional
89	89	recharge; and
90	90	(3) an injection well that transects or terminates in
91	91	the Edwards Aquifer for:
92	92	(A) aquifer remediation;
93	93	(B) the injection of a nontoxic tracer dye as
94	94	part of a hydrologic study; or
95	95	(C) another beneficial purpose that will protect
96	96	an underground source of drinking water from pollution.
97	97	SECTION 2. Subsection (e), Section 1.44, Chapter 626, Acts
98	98	of the 73rd Legislature, Regular Session, 1993, is amended to read
99	99	as follows:
100	100	(e) The authority may contract for injection or other
101	101	artificial recharge under this section only if:
102	102	(1) provision is made for protecting and maintaining
103	103	the quality of groundwater in the receiving part of the aquifer;
104	104	(2) [, and:
105	105	[(1)] the water used [for artificial recharge] is:
106	106	(A) groundwater withdrawn from the aquifer; or
107	107	(B) storm water, flood water, or groundwater from
108	108	an aquifer other than the aquifer; and
109	109	(3) [(2)] the water is recharged:
110	110	(A) through:
111	111	(i) a natural recharge feature such as a
112	112	sinkhole or cave located in a karst topographic area; or
113	113	(ii) an injection well; or
114	114	(B) by infiltration.
115	115	SECTION 3. Subsection (h), Section 27.051, Water Code, as
116	116	added by Chapter 966 (S.B. 2), Acts of the 77th Legislature, Regular
117	117	Session, 2001, is repealed.
118	118	SECTION 4. This Act takes effect September 1, 2011.
119	119	* * * * *