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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 Section 27.0516 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 INSIDE BOUNDARIES OF BARTON |
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SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT. (a) In this |
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section: |
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(1) "Edwards Aquifer" has the meaning assigned by 30 |
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T.A.C. Section 331.19(b) as that subsection existed on September 1, |
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2013. |
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(2) "Engineered aquifer storage and recovery |
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facility" means a facility with one or more wells that is located, |
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designed, constructed, and operated for the purpose of injecting |
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fresh water into a subsurface permeable stratum and storing the |
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water for subsequent withdrawal and use for a beneficial purpose. |
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(3) "Fresh water" means surface water or groundwater, |
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without regard to whether the water has been physically, |
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chemically, or biologically altered, that: |
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(A) contains a total dissolved solids |
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concentration of not more than 1,000 milligrams per liter; and |
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(B) is otherwise suitable as a source of drinking |
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water supply. |
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(4) "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 inside the boundaries of the Barton Springs-Edwards |
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Aquifer Conservation District and outside the boundaries of the |
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Edwards Aquifer Authority. |
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(c) This section prevails over Section 27.051(i) to the |
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extent of a conflict. |
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(d) 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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(e) The commission by rule may authorize: |
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(1) an injection well that transects and isolates the |
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saline portion of the Edwards Aquifer and terminates in a lower |
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aquifer for the purpose of injecting: |
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(A) concentrate from a desalination facility; or |
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(B) fresh water as part of an engineered aquifer |
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storage and recovery facility; |
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(2) an injection well that terminates in that part of |
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the saline portion of the Edwards Aquifer that has a total dissolved |
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solids concentration of more than 10,000 milligrams per liter for |
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the purpose of injecting into the saline portion of the Edwards |
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Aquifer: |
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(A) concentrate from a desalination facility, |
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provided that the injection well must be at least three miles from |
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the closest outlet of Barton Springs; or |
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(B) fresh water as part of an engineered aquifer |
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and storage recovery facility, provided that each well used for |
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injection or withdrawal from the facility must be at least three |
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miles from the closest outlet of Barton Springs; |
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(3) the injection of fresh water withdrawn from the |
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Edwards Aquifer into a well that transects or terminates in the |
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Edwards Aquifer for the purpose of providing additional recharge; |
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(4) the injection of rainwater, storm water, flood |
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water, or groundwater into the Edwards Aquifer by means of an |
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improved natural recharge feature such as a sinkhole or cave |
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located in a karst topographic area for the purpose of providing |
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additional recharge; or |
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(5) 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 the |
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commission determines will protect an underground source of |
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drinking water from pollution or other deleterious effects. |
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SECTION 2. This Act takes effect September 1, 2013. |