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