Texas 2013 - 83rd Regular

Texas House Bill HB3013 Compare Versions

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1	1	83R1652 CJC-D
2	2	By: Larson H.B. No. 3013
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the underground storage of water for later retrieval
8	8	and beneficial use; authorizing the imposition of fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.002, Water Code, is amended by adding
11	11	Subdivisions (21) and (22) to read as follows:
12	12	(21) "Aquifer storage and recovery project" means an
13	13	undertaking to facilitate the injection of surface water,
14	14	groundwater, or treated effluent into a suitable aquifer by means
15	15	of a well for later retrieval and beneficial use from that well or
16	16	another well.
17	17	(22) "Target aquifer" means an aquifer used in an
18	18	aquifer storage and recovery project.
19	19	SECTION 2. The heading to Section 11.153, Water Code, is
20	20	amended to read as follows:
21	21	Sec. 11.153. AQUIFER STORAGE AND RECOVERY PROJECTS [FOR
22	22	STORAGE OF APPROPRIATED WATER IN AQUIFERS].
23	23	SECTION 3. Sections 11.153(a), (b), (c), and (d), Water
24	24	Code, are amended to read as follows:
25	25	(a) The commission shall expedite [investigate the
26	26	feasibility of storing appropriated water in various types of
27	27	aquifers around the state by encouraging] the issuance of temporary
28	28	or term permits for aquifer [demonstration projects for the]
29	29	storage and recovery projects [of appropriated water for subsequent
30	30	retrieval and beneficial use]. The commission by rule shall allow
31	31	the use of an existing permit for appropriated water that
32	32	authorizes a consumptive use for a project to demonstrate the
33	33	feasibility of an aquifer storage and recovery project.
34	34	(b) A permit described by Subsection (a) must authorize the
35	35	use of a sufficient quantity of appropriated water to demonstrate
36	36	the feasibility of [be for only the duration of] the aquifer storage
37	37	and recovery [pilot] project for the duration of the project to
38	38	provide the commission [and] the [board further] opportunity to
39	39	evaluate the storage of appropriated water in the target aquifer
40	40	[aquifers for subsequent retrieval and beneficial use].
41	41	(c) After [At the conclusion of a pilot project,] a permit
42	42	holder has completed the feasibility project described by
43	43	Subsection (a), the permit holder may file an appropriate
44	44	application for a permit or permit amendment to store appropriated
45	45	water in an aquifer storage and recovery project. After
46	46	considering the success of the project and the criteria set out in
47	47	Section 11.154, the commission shall determine whether to issue a
48	48	permit or permit amendment authorizing the continued storage of
49	49	appropriated water in the aquifer.
50	50	(d) The commission shall [only] issue a final order granting
51	51	a permit or amendment to a permit authorizing the storage of
52	52	appropriated water using an aquifer storage and recovery project
53	53	[in aquifers for subsequent beneficial use] where the aquifer
54	54	storage and recovery project is [completed pilot projects or
55	55	historically demonstrated projects have been] shown to be feasible
56	56	under the criteria provided in Sections 11.154(c) and (d).
57	57	SECTION 4. Section 11.154, Water Code, is amended to read as
58	58	follows:
59	59	Sec. 11.154. PERMITS FOR AQUIFER STORAGE AND RECOVERY
60	60	PROJECTS [TO STORE APPROPRIATED WATER IN AQUIFERS]. (a) An
61	61	application filed with the commission [to undertake a project]
62	62	under Section 11.153 for a permit or a permit amendment to authorize
63	63	the storage of appropriated water in an aquifer storage and
64	64	recovery project must include:
65	65	(1) the information required for an application for a
66	66	permit or permit amendment to appropriate state water;
67	67	(2) all information required for an application for a
68	68	permit for a Class V injection well without requiring a separate
69	69	hearing or notice; and
70	70	(3) a map or plat showing the injection facility and
71	71	the aquifer in which the water will be stored.
72	72	(a-1) Subsection (a)(1) does not apply to an application
73	73	filed under this section if the application is for an amendment to
74	74	an existing permit and:
75	75	(1) the permit the applicant seeks to amend authorizes
76	76	a consumptive use of the appropriated water; and
77	77	(2) the requested amendment will not change the point
78	78	of diversion or the rate of diversion authorized under the permit
79	79	the applicant seeks to amend.
80	80	(b) If the application is for a permit or permit amendment
81	81	to store appropriated water in a groundwater reservoir or a
82	82	subdivision of a groundwater reservoir, as defined by Chapter 36,
83	83	that is under the jurisdiction of a groundwater conservation
84	84	district:
85	85	(1) the applicant shall:
86	86	(A) provide a copy of the application to each
87	87	groundwater conservation district that has jurisdiction over the
88	88	reservoir or subdivision;
89	89	(B) register the permit as provided by Subchapter
90	90	N, Chapter 36, [cooperate] with each district that has jurisdiction
91	91	over the reservoir or subdivision [to ensure compliance with the
92	92	rules of each district]; and
93	93	(C) [cooperate with each district that has
94	94	jurisdiction over the reservoir or subdivision to develop rules
95	95	regarding the injection, storage, and withdrawal of appropriated
96	96	water stored in the aquifer; and
97	97	[(D)] comply with the rules governing the
98	98	injection, storage, and withdrawal of appropriated water stored in
99	99	the reservoir or subdivision that are adopted by each district that
100	100	has jurisdiction over the reservoir or subdivision, including a
101	101	rule specifically relating to an aquifer storage and recovery
102	102	project; and
103	103	(2) the commission shall require that the applicant
104	104	notify the commission when the applicant has registered the permit
105	105	with the district as required by Subdivision (1)(B) [any agreement
106	106	the applicant reaches with a district that has jurisdiction over
107	107	the reservoir or subdivision regarding the terms for the injection,
108	108	storage, and withdrawal of appropriated water be included as a
109	109	condition of the permit or permit amendment].
110	110	(c) Before issuing [On receipt of an application for] a
111	111	permit or an amendment to an existing permit authorizing the
112	112	storage of appropriated water in an aquifer storage and recovery
113	113	project, the [from an applicant with a completed pilot or
114	114	historically demonstrated project, the commission shall evaluate
115	115	the success of the project for purposes of issuing a final order
116	116	granting a permit or permit amendment authorizing the storage of
117	117	appropriated water incident to a beneficial use. The] commission
118	118	shall consider whether:
119	119	(1) the introduction of water into the target aquifer
120	120	will alter the physical, chemical, or biological quality of native
121	121	groundwater to a degree that the introduction would:
122	122	(A) render groundwater produced from the aquifer
123	123	harmful or detrimental to people, animals, vegetation, or property;
124	124	or
125	125	(B) require treatment of the groundwater to a
126	126	greater extent than the native groundwater requires before being
127	127	applied to that beneficial use;
128	128	(2) the water stored in the target [receiving] aquifer
129	129	can be successfully retrieved [harvested] from the aquifer for
130	130	beneficial use; and
131	131	(3) reasonable diligence will be used to protect the
132	132	water stored in the target [receiving] aquifer from unauthorized
133	133	withdrawals to the extent necessary to maximize the permit holder's
134	134	ability to retrieve and beneficially use the stored water without
135	135	experiencing unreasonable loss of appropriated water.
136	136	(d) In making its evaluation under Subsection (c), the
137	137	commission may consider all relevant facts, including:
138	138	(1) the location and depth of the target aquifer in
139	139	which the stored water is located;
140	140	(2) the nature and extent of the surface development
141	141	and activity above the stored water;
142	142	(3) the permit holder's ability to prevent
143	143	unauthorized withdrawals by contract or the exercise of the power
144	144	of eminent domain;
145	145	(4) the existence of a groundwater [an underground
146	146	water] conservation district or other governmental entity with
147	147	jurisdiction over the production of water from the target aquifer
148	148	[storing the water] and the district's ability to adopt rules to
149	149	protect [stored] water stored in the aquifer storage and recovery
150	150	project; and
151	151	(5) the existence of any other political subdivision
152	152	or state agency authorized to regulate the drilling of wells into or
153	153	the production of water from the target aquifer.
154	154	(e) A permit or a permit amendment that authorizes the
155	155	storage of [to store] appropriated water in a groundwater reservoir
156	156	or subdivision, as defined by Chapter 36, shall provide as a
157	157	condition to the permit or permit amendment that the permit holder
158	158	shall:
159	159	(1) register the permit holder's injection and
160	160	recovery wells that are used in connection with an aquifer storage
161	161	and recovery project with a groundwater conservation district that
162	162	has jurisdiction over the reservoir or subdivision, if any; and
163	163	(2) comply with the reporting requirements
164	164	established under Subchapter N, Chapter 36 [each calendar month,
165	165	provide the district, if any, with a written report showing for the
166	166	previous calendar month:
167	167	[(A) the amount of water injected for storage;
168	168	and
169	169	[(B) the amount of water recaptured for use].
170	170	SECTION 5. The heading to Section 11.155, Water Code, is
171	171	amended to read as follows:
172	172	Sec. 11.155. AQUIFER STORAGE AND RECOVERY [PILOT] PROJECT
173	173	REPORTS.
174	174	SECTION 6. Section 11.155(b), Water Code, is amended to
175	175	read as follows:
176	176	(b) The board, as part of the state and regional water
177	177	planning process, shall conduct [make other] studies,
178	178	investigations, and surveys of the aquifers in the state, including
179	179	target aquifers, as it considers necessary to determine the
180	180	feasibility of recommending the occurrence, quantity, quality, and
181	181	availability of other aquifers in which water may be stored and
182	182	subsequently retrieved for beneficial use. [The board shall
183	183	undertake the studies, investigations, and surveys in the following
184	184	order of priority:
185	185	[(1) the aquifers described in Section 11.153(a);
186	186	[(2) areas designated by the commission as "priority
187	187	groundwater management areas" under Section 35.008; and
188	188	[(3) other areas of the state in a priority to be
189	189	determined by the board's ranking of where the greatest need
190	190	exists.]
191	191	SECTION 7. Section 26.001, Water Code, is amended by adding
192	192	Subdivisions (27) and (28) to read as follows:
193	193	(27) "Aquifer storage and recovery project" means an
194	194	undertaking to facilitate the injection of surface water,
195	195	groundwater, or treated effluent into a suitable aquifer by means
196	196	of a well for later retrieval for beneficial use from that well or
197	197	another well.
198	198	(28) "Target aquifer" means an aquifer used in an
199	199	aquifer storage and recovery project.
200	200	SECTION 8. Sections 26.0271(b) and (c), Water Code, are
201	201	amended to read as follows:
202	202	(b) In any permit or amendment to a permit issued under this
203	203	chapter, at the request of the applicant the commission may
204	204	authorize a wastewater treatment facility to contribute treated
205	205	domestic wastewater produced by the facility as reclaimed water to
206	206	a reuse water system, or for storage in an aquifer storage and
207	207	recovery project, if the commission has approved the use of
208	208	reclaimed water from the wastewater treatment facility.
209	209	(c) In any permit or amendment to a permit issued under this
210	210	chapter, at the request of the applicant the commission shall
211	211	authorize, subject to any required approval by the United States
212	212	Environmental Protection Agency, a wastewater treatment facility
213	213	to:
214	214	(1) contribute reclaimed water into a reuse water
215	215	system operated by the agency; [and]
216	216	(2) discharge reclaimed water contributed to a reuse
217	217	water system at any outfall for which a discharge from the reuse
218	218	water system is authorized in any permit issued for any wastewater
219	219	treatment facility operated by the agency; or
220	220	(3) inject the reclaimed water for storage in an
221	221	aquifer storage and recovery project.
222	222	SECTION 9. Section 26.029(a), Water Code, is amended to
223	223	read as follows:
224	224	(a) In each permit, the commission shall prescribe the
225	225	conditions on which it is issued, including:
226	226	(1) the duration of the permit;
227	227	(2) the location of the point of discharge of the
228	228	waste;
229	229	(3) the maximum quantity of waste that may be
230	230	discharged under the permit at any time and from time to time;
231	231	(4) the character and quality of waste that may be
232	232	discharged under the permit; [and]
233	233	(5) any monitoring and reporting requirements
234	234	prescribed by the commission for the permittee; and
235	235	(6) the target aquifer into which the treated effluent
236	236	may be injected as a contribution to an aquifer storage and recovery
237	237	project.
238	238	SECTION 10. Chapter 36, Water Code, is amended by adding
239	239	Subchapter N to read as follows:
240	240	SUBCHAPTER N. AQUIFER STORAGE AND RECOVERY PROJECTS
241	241	Sec. 36.451. DEFINITIONS. In this subchapter:
242	242	(1) "Aquifer storage and recovery project" means an
243	243	undertaking to facilitate the injection of surface water,
244	244	groundwater, or treated effluent into a suitable aquifer by means
245	245	of a well for later retrieval and beneficial use from that well or
246	246	another well.
247	247	(2) "Target aquifer" means an aquifer used in an
248	248	aquifer storage and recovery project.
249	249	Sec. 36.452. AQUIFER STORAGE AND RECOVERY PROJECT WELLS.
250	250	(a) A well that is constructed and operated as part of an aquifer
251	251	storage and recovery project is subject to the permitting
252	252	requirements established under Section 11.154.
253	253	(b) A well that is constructed and operated as part of an
254	254	aquifer storage and recovery project is not subject to:
255	255	(1) permitting by a district; or
256	256	(2) rules adopted by a district relating to spacing,
257	257	setback, or production limits.
258	258	Sec. 36.453. REGISTRATION OF WELLS. (a) A well that is
259	259	constructed and operated as part of an aquifer storage and recovery
260	260	project must be registered with the district.
261	261	(b) The registration application shall include:
262	262	(1) the longitude and latitude coordinates of the
263	263	well;
264	264	(2) the depth at which the deepest point of the well is
265	265	located and the aquifer, groundwater reservoir, or aquifer
266	266	subdivision into which the well penetrates;
267	267	(3) a designation of the well as a well for injection,
268	268	recovery, or injection and recovery;
269	269	(4) a copy of the commission's Class V injection well
270	270	authorization, if applicable;
271	271	(5) a copy of an authorization, if required, to use the
272	272	surface and subsurface of the property to construct and operate an
273	273	aquifer storage and recovery project, including a deed, lease, or
274	274	easement;
275	275	(6) evidence that each well associated with the
276	276	aquifer storage and recovery project is metered; and
277	277	(7) a copy of the following, as applicable:
278	278	(A) a permit authorizing the use of the water to
279	279	be injected into a storage well, if use of that water requires a
280	280	permit;
281	281	(B) a permit for use of unappropriated water from
282	282	the commission; or
283	283	(C) a production and operating permit issued by a
284	284	district other than the district in which the well is registered.
285	285	(c) A district shall register a well that is the subject of
286	286	an application that meets the requirements of Subsection (b).
287	287	Sec. 36.454. PROTECTION OF RIGHTS TO STORED WATER. (a)
288	288	Except as provided by Subsection (b), a district shall adopt rules
289	289	to protect water stored in an aquifer storage and recovery project
290	290	to the greatest extent practicable.
291	291	(b) The district is not required to adopt rules to prohibit
292	292	the withdrawal of water stored in an aquifer storage and recovery
293	293	project by the holder of a permit issued by a district from a well
294	294	located outside of the area described in the aquifer storage and
295	295	recovery project well registration.
296	296	(c) Nothing in this subchapter may be construed as
297	297	authorizing the production of groundwater from an aquifer,
298	298	groundwater reservoir, or subdivision of an aquifer within the
299	299	jurisdiction of a district without a permit issued under this
300	300	chapter.
301	301	(d) In considering an application for a permit for
302	302	production from a highly productive aquifer, as determined by
303	303	district rule, for purposes of storing the water produced in an
304	304	aquifer storage and recovery project, a district shall consider:
305	305	(1) the benefits of storing the water in the aquifer
306	306	storage and recovery project; and
307	307	(2) the ability of the more productive contributing
308	308	aquifer to recover and replace the water stored in the target
309	309	aquifer.
310	310	Sec. 36.455. REPORTS. (a) A person operating an aquifer
311	311	storage and recovery project shall meter the volume of water
312	312	injected and recovered from each well associated with the project
313	313	at the wellhead and file a monthly report with the district in which
314	314	each well is located. The report must contain the following
315	315	information:
316	316	(1) the amount of water injected for storage in each
317	317	well located in the district and the source of the injected water;
318	318	and
319	319	(2) the amount of water recovered from each well
320	320	located in the district.
321	321	(b) The report required by Subsection (a) must be filed not
322	322	later than the 20th day of each month.
323	323	(c) A person operating an aquifer storage and recovery
324	324	project shall file an annual report with the district in which each
325	325	well associated with the project is located. The report must
326	326	contain the following information:
327	327	(1) the cumulative amount of water in storage in the
328	328	project; and
329	329	(2) a map showing the areal extent of the underground
330	330	movement of the stored water as of the end of the year in which the
331	331	report is prepared.
332	332	(d) The report required by Subsection (c) must be filed not
333	333	later than January 20 of each year.
334	334	(e) If water is injected into a well for storage in one
335	335	district and later recovered from a well located in a different
336	336	district, the reports required under this section shall be provided
337	337	to each district in which a well associated with the project is
338	338	located.
339	339	Sec. 36.456. FEES. (a) Except as provided by Subsections
340	340	(b) and (c), a district may not assess against an aquifer storage
341	341	and recovery project a fee, assessment, or tax.
342	342	(b) A district may require:
343	343	(1) the payment of a fee of $100 for each well related
344	344	to an aquifer storage and recovery project that is registered as
345	345	provided by Section 36.453, payable at the time the well is
346	346	registered with the district, except as provided by Subsection (c);
347	347	and
348	348	(2) the payment of an annual fee not to exceed $5 per
349	349	acre-foot of water injected in an aquifer storage and recovery
350	350	project during the preceding year, which must be submitted with the
351	351	annual report required under Section 36.455(c).
352	352	(c) The fees collected by a district:
353	353	(1) under Subsection (b)(1) may not exceed $10,000 for
354	354	a single aquifer storage and recovery project and may only be used
355	355	to compensate the district for the cost of conducting field
356	356	inspections to verify:
357	357	(A) the location of wells associated with an
358	358	aquifer storage and recovery project; and
359	359	(B) the installation of meters on each well
360	360	associated with an aquifer storage and recovery project; and
361	361	(2) under Subsection (b)(2) must be deposited into a
362	362	mitigation account and may be used by the district only to
363	363	compensate a person who meets the requirements prescribed by
364	364	Subsection (d).
365	365	(d) A district may pay money from a mitigation account to a
366	366	person in an amount equal to the costs incurred by the person to
367	367	repair, rehabilitate, or replace a well if the person presents
368	368	evidence to the district's board of directors that demonstrates to
369	369	a reasonable degree of certainty that the operation of the aquifer
370	370	storage and recovery project resulted in damage to the person's
371	371	well.
372	372	(e) A district's payment of money under Subsection (d) may
373	373	not be construed as an admission of liability by an aquifer storage
374	374	and recovery project.
375	375	Sec. 36.457. STORAGE AND RECOVERY. (a) Water in an aquifer
376	376	storage and recovery project may be stored in and recovered from
377	377	multiple aquifers, provided that the storage and recovery is
378	378	accomplished using injection and recovery wells completed in the
379	379	affected aquifer. Individual injection and recovery wells may be
380	380	completed only in a single aquifer to prevent cross-contamination
381	381	of aquifers.
382	382	(b) Water stored in an aquifer storage and recovery project
383	383	is not subject to production limits, cutbacks, or other action by
384	384	the district to reduce production.
385	385	Sec. 36.458. REGULATION BY DISTRICT. An aquifer storage
386	386	and recovery project, and the water stored in a project, is not
387	387	subject to any provision or requirement of this chapter related to
388	388	the desired future conditions or modeled available groundwater
389	389	adopted by the district or the applicable groundwater management
390	390	area.
391	391	Sec. 36.459. ADMINISTRATION. The executive administrator
392	392	shall develop for adoption by the Texas Water Development Board or
393	393	any successor agency model rules for the administration of aquifer
394	394	storage and recovery projects for groundwater districts not later
395	395	than December 31, 2013. The model rules, once adopted, are
396	396	applicable to all groundwater districts in the state and must be
397	397	adopted by each groundwater district on or before the 60th day
398	398	following the date of adoption by the Texas Water Development
399	399	Board.
400	400	Sec. 36.460. WASTEWATER USAGE. Under a permit issued under
401	401	Chapter 26, treated wastewater effluent may be stored in an aquifer
402	402	storage and recovery project.
403	403	Sec. 36.461. STATE FUNDING. An aquifer storage and
404	404	recovery project is eligible for state funding in the form of loans
405	405	and grants from any available fund or revenue source used to fund
406	406	projects included in the state water plan.
407	407	SECTION 11. Sections 11.153(e) and 11.155(a), Water Code,
408	408	are repealed.
409	409	SECTION 12. This Act takes effect September 1, 2013.