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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 WITHIN EXTERNAL BOUNDARIES |
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OF BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT. (a) In |
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this section: |
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(1) "Edwards Aquifer" means that portion of an arcuate |
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belt of porous, waterbearing limestones composed of the Edwards |
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Formation, Georgetown Formation, Comanche Peak Formation, Salmon |
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Peak Limestone, McKnight Formation, West Nueces Formation, Devil's |
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River Limestone, Person Formation, Kainer Formation, and Edwards |
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Group trending from west to east to northeast through Kinney, |
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Uvalde, Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson |
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Counties. The permeable aquifer units generally overlie the |
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less-permeable Glen Rose Formation to the south, overlie the |
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less-permeable Comanche Peak and Walnut Formations north of the |
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Colorado River, and underlie the less-permeable Del Rio Clay |
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regionally. |
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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 within the geographic area circumscribed by the |
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external boundaries of the Barton Springs-Edwards Aquifer |
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Conservation District but is not in that district's territory or |
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the territory of the 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) 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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or |
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(2) 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. |
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(f) The commission by general permit may authorize: |
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(1) an activity described by Subsection (e); |
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(2) 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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(3) 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; or |
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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 activity that is designed |
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and undertaken wholly or partly for the purpose of increasing |
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protection of an underground source of drinking water from |
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pollution or other deleterious effects. |
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(g) The commission must hold a public meeting before issuing |
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a general permit under this section. |
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(h) Rules adopted or a general permit issued under this |
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section: |
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(1) must require that an injection well authorized by |
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the rules or permit be monitored by means of a monitoring well; |
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(2) must ensure that an authorized activity will not |
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result in the waste or pollution of water; |
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(3) may not authorize an injection well under |
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Subsection (f)(2) or (3) unless the well is associated with a |
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small-scale research project designed to evaluate the long-term |
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feasibility and safety of: |
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(A) the injection of concentrate from a |
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desalination facility; or |
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(B) an aquifer storage and recovery project; |
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(4) must require any authorization granted to be |
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renewed at least as frequently as every 10 years; |
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(5) must require that an injection well authorized |
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under Subsection (f)(2)(A) or (3)(A) be monitored on an ongoing |
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basis and that reports regarding the well be filed with the |
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commission at least as frequently as every three months; and |
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(6) must ensure that any injection well authorized for |
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the purpose of injecting concentrate from a desalination facility |
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does not transect the fresh water portion of the Edwards Aquifer. |
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(i) Notwithstanding Subsection (h)(3), a general permit may |
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authorize the owner of a well authorized under Subsection (f)(2) or |
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(3) to continue operating the well for the purpose of implementing |
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the desalination or engineered aquifer storage and recovery project |
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following completion of the research project if the owner submits |
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the information collected as part of the research project, |
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including any information regarding the environmental impact of the |
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well, to the commission and the commission determines that |
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continued operation of the well will not pose a risk of pollution of |
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the fresh water portion of the Edwards Aquifer. The commission |
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shall make the information provided by the owner of the well easily |
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accessible to the public. The permit may authorize the owner of the |
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well to continue operating the well following completion of the |
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research project pending the determination by the commission. If |
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the commission determines that continued operation of the well will |
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pose a risk of pollution of the fresh water portion of the Edwards |
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Aquifer, the commission shall notify the operator and require the |
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operator to modify the well as necessary to prevent pollution of the |
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aquifer. If the operator fails to modify the well as required, the |
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commission shall require the operator to cease operating the well. |
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SECTION 2. This Act takes effect September 1, 2013. |