By: Zaffirini S.B. No. 1532
(Rodriguez of Travis)
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 Section 27.0516 to read as follows:
Sec. 27.0516. PERMITS FOR INJECTION WELLS THAT TRANSECT OR
TERMINATE IN PORTION OF EDWARDS AQUIFER WITHIN EXTERNAL BOUNDARIES
OF BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT. (a) In
this section:
(1) "Edwards Aquifer" means that portion of an arcuate
belt of porous, waterbearing limestones composed of the Edwards
Formation, Georgetown Formation, Comanche Peak Formation, Salmon
Peak Limestone, McKnight Formation, West Nueces Formation, Devil's
River Limestone, Person Formation, Kainer Formation, and Edwards
Group trending from west to east to northeast through Kinney,
Uvalde, Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson
Counties. The permeable aquifer units generally overlie the
less-permeable Glen Rose Formation to the south, overlie the
less-permeable Comanche Peak and Walnut Formations north of the
Colorado River, and underlie the less-permeable Del Rio Clay
regionally.
(2) "Engineered aquifer storage and recovery
facility" means a facility with one or more wells that is located,
designed, constructed, and operated for the purpose of injecting
fresh water into a subsurface permeable stratum and storing the
water for subsequent withdrawal and use for a beneficial purpose.
(3) "Fresh water" means surface water or groundwater,
without regard to whether the water has been physically,
chemically, or biologically altered, that:
(A) contains a total dissolved solids
concentration of not more than 1,000 milligrams per liter; and
(B) is otherwise suitable as a source of drinking
water supply.
(4) "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 within the geographic area circumscribed by the
external boundaries of the Barton Springs-Edwards Aquifer
Conservation District but is not in that district's territory or
the territory of the Edwards Aquifer Authority.
(c) This section prevails over Section 27.051(i) to the
extent of a conflict.
(d) 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.
(e) The commission by rule may authorize:
(1) the injection of fresh water withdrawn from the
Edwards Aquifer into a well that transects or terminates in the
Edwards Aquifer for the purpose of providing additional recharge;
or
(2) the injection of rainwater, storm water, flood
water, or groundwater into the Edwards Aquifer by means of an
improved natural recharge feature such as a sinkhole or cave
located in a karst topographic area for the purpose of providing
additional recharge.
(f) The commission by general permit may authorize:
(1) an activity described by Subsection (e);
(2) an injection well that transects and isolates the
saline portion of the Edwards Aquifer and terminates in a lower
aquifer for the purpose of injecting:
(A) concentrate from a desalination facility; or
(B) fresh water as part of an engineered aquifer
storage and recovery facility;
(3) an injection well that terminates in that part of
the saline portion of the Edwards Aquifer that has a total dissolved
solids concentration of more than 10,000 milligrams per liter for
the purpose of injecting into the saline portion of the Edwards
Aquifer:
(A) concentrate from a desalination facility,
provided that the injection well must be at least three miles from
the closest outlet of Barton Springs; or
(B) fresh water as part of an engineered aquifer
and storage recovery facility, provided that each well used for
injection or withdrawal from the facility must be at least three
miles from the closest outlet of Barton Springs; or
(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 activity that is designed
and undertaken for the purpose of increasing protection of an
underground source of drinking water from pollution or other
deleterious effects.
(g) The commission must hold a public meeting before issuing
a general permit under this section.
(h) Rules adopted or a general permit issued under this
section:
(1) must require that an injection well authorized by
the rules or permit be monitored by means of:
(A) a monitoring well operated by the injection
well owner if the commission determines that there is an
underground source of drinking water in the area of review that is
potentially affected by the injection well; or
(B) if Paragraph (A) does not apply, a monitoring
well operated by a party other than the injection well owner,
provided that all results of monitoring are promptly made available
to the injection well owner;
(2) must ensure that an authorized activity will not
result in the waste or pollution of fresh water;
(3) may not authorize an injection well under
Subsection (f)(2) or (3) unless the well is initially associated
with a small-scale research project designed to evaluate the
long-term feasibility and safety of:
(A) the injection of concentrate from a
desalination facility; or
(B) an aquifer storage and recovery project;
(4) must require any authorization granted to be
renewed at least as frequently as every 10 years;
(5) must require that an injection well authorized
under Subsection (f)(2)(A) or (3)(A) be monitored on an ongoing
basis by or in coordination with the well owner and that the well
owner file monitoring reports with the commission at least as
frequently as every three months; and
(6) must ensure that any injection well authorized for
the purpose of injecting concentrate from a desalination facility
does not transect the fresh water portion of the Edwards Aquifer.
(i) A monitoring well described by Subsection (h)(1), if
properly sited and completed, may also be used for monitoring a
saline water production well.
(j) A project is considered to be a small-scale research
project for purposes of Subsection (h)(3) if the project consists
of one production well and one injection well that are operated on a
limited scale to provide requisite scientific and engineering
information. Such a project is considered to be a small-scale
research project regardless of the borehole size of the wells or the
equipment associated with the wells or whether the wells are
subsequently incorporated into a larger-scale commercial facility.
(k) Notwithstanding Subsection (h)(3), a general permit may
authorize the owner of an injection well authorized under
Subsection (f)(2) or (3) to continue operating the well for the
purpose of implementing the desalination or engineered aquifer
storage and recovery project following completion of the
small-scale research project, provided that:
(1) the injection well owner timely submits the
information collected as part of the research project, including
monitoring reports and information regarding the environmental
impact of the well, to the commission;
(2) the injection well owner, following the completion
of studies and monitoring adequate to characterize risks to the
fresh water portion of the Edwards Aquifer and other fresh water
associated with the continued operation of the well, and at least 90
days before the date the owner initiates commercial well
operations, files with the commission a notice of intent to
continue operation of the well after completion of the research
project; and
(3) the commission, based on the studies and
monitoring, the report provided by Texas State University--San
Marcos under Subsection (l)(2), and any other reasonably available
information, determines that continued operation of the injection
well as described in the notice of intent does not pose an
unreasonable risk to the fresh water portion of the Edwards Aquifer
or other fresh water associated with the continued operation of the
well.
(l) Before the commission makes a determination under
Subsection (k)(3):
(1) the commission, not later than the 15th day after
the date of receipt of the results of the studies and monitoring,
must provide the information received to Texas State
University--San Marcos; and
(2) Texas State University--San Marcos, not later than
the 60th day after the date of receipt of the information, must
review and analyze the information and report its findings to the
commission.
(m) The commission shall make the information provided by
the owner of the injection well under Subsection (k)(1) and the
report provided by Texas State University--San Marcos under
Subsection (l)(2) easily accessible to the public in a timely
manner. The permit may authorize the owner of the well to continue
operating the well following completion of the research project
pending the determination by the commission.
(n) If the commission preliminarily determines that
continued operation of the injection well would pose an
unreasonable risk to the fresh water portion of the Edwards Aquifer
or other fresh water associated with the continued operation of the
well, the commission shall notify the operator and specify, if
possible, what well modifications would be adequate to prevent that
unreasonable risk. If the operator fails to modify the injection
well as specified by the commission, the commission shall require
the operator to cease operating the well.
SECTION 2. This Act takes effect September 1, 2013.