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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority 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. Section 26.046(a), Water Code, is amended to |
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read as follows: |
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(a) As used in this section, "Edwards Aquifer": |
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(1) means that portion of an arcuate belt of porous, |
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waterbearing limestones composed of the Comanche Peak, Edwards, and |
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Georgetown formations trending from west to east to northeast |
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through Kinney, Uvalde, Medina, Bexar, Kendall, Comal, and Hays |
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counties, respectively, and as defined in the most recent rules of |
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the commission for the protection of the quality of the potable |
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underground water in those counties; and |
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(2) does not include the saline portion of the Edwards |
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Aquifer as defined by Section 27.051(i). |
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SECTION 2. 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 redesignated as Subsection (i) and amended to |
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read as follows: |
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(i) Except as otherwise provided by this subsection, the |
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[(h) The] commission may not authorize by rule or permit an |
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injection well that transects or terminates in the Edwards Aquifer. |
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The commission by rule may authorize injection of groundwater |
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withdrawn from the Edwards Aquifer, or injections of water derived |
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from other natural sources, including storm water, flood water, or |
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groundwater, through wells, improved sinkholes, or caves located in |
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karst topographic areas. The commission by rule may authorize the |
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injection of desalination concentrate in a well that transects or |
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terminates in the saline portion of the Edwards Aquifer. The |
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commission by rule may authorize the injection of fresh water in a |
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well that transects or terminates in the saline portion of the |
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Edwards Aquifer as part of an aquifer storage and recovery |
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facility. For purposes of this subsection: |
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(1)[,] "Edwards Aquifer" has the meaning assigned by |
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Section 26.046(a), except that the term includes the saline portion |
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of the Edwards Aquifer. |
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(2) "Fresh water" means water that contains a total |
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dissolved solids concentration of less than 1,000 milligrams per |
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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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part of the Edwards Aquifer that contains only groundwater with a |
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total dissolved solids concentration of at least 1,000 milligrams |
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per liter. |
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SECTION 3. This Act takes effect September 1, 2011. |