83R20621 SMH-F
 
  By: Rodriguez of Travis H.B. No. 340
 
  Substitute the following for H.B. No. 340:
 
  By:  Lucio III C.S.H.B. No. 340
 
 
 
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.