84R265 SLB-D
By: Perry S.B. No. 1903
A BILL TO BE ENTITLED
AN ACT
relating to the storage and recovery of water in aquifers;
authorizing fees and surcharges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.153(a), (b), and (c), Water Code,
are amended to read as follows:
(a) In this section, "aquifer storage and recovery project"
has the meaning assigned by Section 27.151 [The commission shall
investigate the feasibility of storing appropriated water in
various types of aquifers around the state by encouraging the
issuance of temporary or term permits for demonstration projects
for the storage of appropriated water for subsequent retrieval and
beneficial use].
(b) A water right holder may undertake an aquifer storage
and recovery project without obtaining any additional
authorization under this chapter for the project. A water right
holder undertaking an aquifer storage and recovery project must:
(1) obtain any required authorizations under
Subchapter G, Chapter 27, and Subchapter N, Chapter 36; and
(2) comply with the terms of the water right holder's
water right [A permit described by Subsection (a) must be for only
the duration of the pilot project to provide the commission and the
board further opportunity to evaluate the storage of appropriated
water in aquifers for subsequent retrieval and beneficial use].
(c) This section does not preclude the commission from
considering an aquifer storage and recovery project to be a
component of a project permitted under this chapter that is not
required to be based on the continuous availability of historic,
normal stream flow [At the conclusion of a pilot project, a permit
holder may file an appropriate application for a permit or permit
amendment. After considering the success of the project and the
criteria set out in Section 11.154, the commission shall determine
whether to issue a permit or permit amendment authorizing the
continued storage of appropriated water in the aquifer].
SECTION 2. Chapter 27, Water Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. AQUIFER STORAGE AND RECOVERY PROJECTS
Sec. 27.151. DEFINITIONS. In this subchapter:
(1) "Aquifer storage and recovery project" means a
project involving the injection of water into a geologic formation
for subsequent recovery and beneficial use.
(2) "ASR injection well" means a well used for the
injection of water into a geologic formation as part of an aquifer
storage and recovery project.
(3) "ASR recovery well" means a well used for the
recovery of water from a geologic formation as part of an aquifer
storage and recovery project.
(4) "Project operator" means a person holding an
authorization under this subchapter to undertake an aquifer storage
and recovery project.
Sec. 27.152. JURISDICTION. The commission has exclusive
jurisdiction over the regulation and permitting of ASR injection
wells.
Sec. 27.153. AUTHORIZATION FOR USE OF CLASS V INJECTION
WELLS. (a) The commission may authorize the use of a Class V
injection well as an ASR injection well:
(1) by rule;
(2) under an individual permit; or
(3) under a general permit.
(b) In adopting a rule or issuing a permit under this
section, the commission shall consider:
(1) whether the injection of water will comply with
the standards set forth under the federal Safe Drinking Water Act
(42 U.S.C. Section 300f et seq.);
(2) the extent to which the cumulative volume of water
injected for storage in the receiving geologic formation can be
successfully recovered from the geologic formation for beneficial
use, taking into account that injected water may be commingled to
some degree with groundwater native to the receiving geologic
formation;
(3) the effect of the aquifer storage and recovery
project on existing water wells; and
(4) the potential for groundwater quality
degradation.
(c) All wells associated with a single aquifer storage and
recovery project must be located within a continuous perimeter
boundary of one parcel of land, or two or more adjacent parcels of
land under common ownership, lease, joint operating agreement, or
contract.
(d) The commission by rule shall provide for public notice
and comment on a proposed general permit authorized under this
section. The commission shall require an applicant for an
individual permit authorized under this section to provide notice
of the application by first class mail to any groundwater
conservation district in which the wells associated with the
aquifer storage and recovery project will be located and by
publishing notice in a newspaper of general circulation in the
county in which the wells will be located.
Sec. 27.154. TECHNICAL STANDARDS. (a) The commission shall
adopt technical standards governing the approval of the use of a
Class V injection well as an ASR injection well.
(b) The commission shall limit the volume of water that may
be recovered by an aquifer storage and recovery project to an amount
that does not exceed the amount of water injected under the project.
If the commission determines that the proposed injection of water
into a geologic formation will result in a loss of injected water or
native water from the formation, the commission shall impose
additional restrictions on the amount of water that may be
recovered to account for the loss. The commission may not deny a
permit based on a determination that a loss described by this
subsection will occur.
(c) The commission by rule shall prescribe construction and
completion standards and metering and reporting requirements for
ASR injection wells and ASR recovery wells, including for an ASR
injection well that also serves as an ASR recovery well.
(d) The commission may not adopt or enforce groundwater
quality protection standards for the quality of water injected into
an ASR injection well that are more stringent than applicable
federal standards.
Sec. 27.155. REPORTING OF INJECTION AND RECOVERY VOLUMES.
(a) A project operator shall install a meter on each ASR injection
well and ASR recovery well associated with the aquifer storage and
recovery project.
(b) Each calendar month, the project operator shall provide
to the commission a written or electronic report showing for the
preceding calendar month the volume of water:
(1) injected for storage; and
(2) recovered for beneficial use.
Sec. 27.156. REPORTING OF WATER QUALITY DATA. A project
operator shall:
(1) perform water quality testing annually on water to
be injected into a geologic formation and water recovered from a
geologic formation as part of the aquifer storage and recovery
project; and
(2) provide the results of the testing described by
Subdivision (1) in written or electronic form to the commission.
Sec. 27.157. OTHER LAWS NOT AFFECTED. (a) This subchapter
does not affect the ability to regulate an aquifer storage and
recovery project as authorized under:
(1) Chapter 626, Acts of the 73rd Legislature, Regular
Session, 1993, for the Edwards Aquifer Authority;
(2) Chapter 8801, Special District Local Laws Code,
for the Harris-Galveston Subsidence District;
(3) Chapter 8834, Special District Local Laws Code,
for the Fort Bend Subsidence District; or
(4) Chapter 8802, Special District Local Laws Code,
for the Barton Springs-Edwards Aquifer Conservation District.
(b) This subchapter does not affect the authority of the
commission regarding:
(1) recharge projects in certain portions of the
Edwards underground reservoir under Sections 11.023(c) and (d); or
(2) injection wells that transect or terminate in
certain portions of the Edwards Aquifer under Section 27.0516.
SECTION 3. Chapter 36, Water Code, is amended by adding
Subchapter N to read as follows:
SUBCHAPTER N. AQUIFER STORAGE AND RECOVERY PROJECTS
Sec. 36.451. DEFINITIONS. In this subchapter, "aquifer
storage and recovery project," "ASR injection well," "ASR recovery
well," and "project operator" have the meanings assigned by Section
27.151.
Sec. 36.452. REGISTRATION AND REPORTING OF WELLS. (a) A
project operator shall:
(1) register the ASR injection wells and ASR recovery
wells associated with the aquifer storage and recovery project with
any district in which the wells are located;
(2) each calendar month by the deadline established by
the commission for reporting to the commission, provide the
district with a copy of the written or electronic report required to
be provided to the commission under Section 27.155; and
(3) annually by the deadline established by the
commission for reporting to the commission, provide the district
with a copy of the written or electronic report required to be
provided to the commission under Section 27.156.
(b) If an aquifer storage and recovery project recovers an
amount of groundwater that exceeds the volume authorized by the
commission to be recovered under the project, the project operator
shall report to the district the volume of groundwater recovered
that exceeds the volume authorized to be recovered.
Sec. 36.453. PERMITTING, SPACING, AND PRODUCTION
REQUIREMENTS. (a) Except as provided by Subsection (b), a district
may not require a permit for the drilling, equipping, operation, or
completion of an ASR injection well or an ASR recovery well.
(b) The ASR recovery wells that are associated with an
aquifer storage and recovery project are subject to the spacing and
production requirements of the district if the amount of
groundwater recovered from the wells exceeds the volume authorized
by the commission to be recovered under the project. The production
requirements of the district apply only to the portion of the volume
of groundwater recovered from the ASR recovery wells that exceeds
the volume authorized by the commission to be recovered.
Sec. 36.454. FEES AND SURCHARGES. (a) A district may not
assess a production fee or a transportation or export fee or
surcharge for groundwater recovered from an ASR recovery well,
except to the extent that the amount of groundwater recovered under
the aquifer storage and recovery project exceeds the volume
authorized by the commission to be recovered.
(b) A district may assess a well registration fee or other
administrative fee for an ASR recovery well in the same manner that
the district assesses such a fee for other wells registered with the
district.
Sec. 36.455. DESIRED FUTURE CONDITIONS. A district may
consider hydrogeologic conditions related to the injection and
recovery of groundwater as part of an aquifer storage and recovery
project in the planning for and monitoring of the achievement of a
desired future condition for the aquifer in which the wells
associated with the project are located.
Sec. 36.456. OTHER LAWS NOT AFFECTED. This subchapter does
not affect the ability to regulate groundwater as authorized under:
(1) Chapter 626, Acts of the 73rd Legislature, Regular
Session, 1993, for the Edwards Aquifer Authority;
(2) Chapter 8801, Special District Local Laws Code,
for the Harris-Galveston Subsidence District;
(3) Chapter 8834, Special District Local Laws Code,
for the Fort Bend Subsidence District; or
(4) Chapter 8802, Special District Local Laws Code,
for the Barton Springs-Edwards Aquifer Conservation District.
SECTION 4. The following sections of the Water Code are
repealed:
(1) Sections 11.153(d) and (e);
(2) Section 11.154; and
(3) Section 11.155.
SECTION 5. Not later than May 1, 2016, the Texas Commission
on Environmental Quality shall adopt rules to implement Section
11.153, Water Code, as amended by this Act, and Subchapter G,
Chapter 27, Water Code, as added by this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.