Bill Text: TX SB467 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-11 - Referred to Natural Resources [SB467 Detail]
Download: Texas-2011-SB467-Engrossed.html
By: Wentworth | S.B. No. 467 |
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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 Sections 27.0516 and 27.0517 to read as follows: | ||
Sec. 27.0516. PERMITS FOR INJECTION WELLS THAT TRANSECT OR | ||
TERMINATE IN PORTION OF EDWARDS AQUIFER OUTSIDE BOUNDARIES OF | ||
EDWARDS AQUIFER AUTHORITY. (a) In this section: | ||
(1) "Edwards Aquifer" has the meaning assigned by | ||
Section 26.046(a). | ||
(2) "Fresh water" means water that contains a total | ||
dissolved solids concentration of not more than 1,000 milligrams | ||
per liter and is otherwise suitable as a source of drinking water | ||
supply. | ||
(3) "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 outside the boundaries of the Edwards Aquifer | ||
Authority. | ||
(c) 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. | ||
(d) The commission by rule or permit may authorize: | ||
(1) an injection well for the purpose of injecting | ||
into the saline portion of the Edwards Aquifer: | ||
(A) concentrate from a desalination facility; | ||
and | ||
(B) fresh water as part of a designed aquifer | ||
storage and recovery facility; | ||
(2) the injection of the following in a well that | ||
transects or terminates in the Edwards Aquifer for the purpose of | ||
providing additional recharge: | ||
(A) groundwater withdrawn from the Edwards | ||
Aquifer; and | ||
(B) captured storm water runoff, water captured | ||
in a rainwater harvesting system, or groundwater withdrawn from an | ||
aquifer other than the Edwards Aquifer, if provision is made for | ||
protecting and maintaining the quality of water in the receiving | ||
portion of the Edwards Aquifer; | ||
(3) the injection of storm water or flood water into | ||
the Edwards Aquifer by means of a natural recharge feature such as a | ||
sinkhole or cave located in a karst topographic area for the purpose | ||
of providing additional recharge; and | ||
(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 purpose that will protect | ||
an underground source of drinking water from pollution. | ||
Sec. 27.0517. PERMITS FOR INJECTION WELLS THAT TRANSECT OR | ||
TERMINATE IN PORTION OF EDWARDS AQUIFER INSIDE BOUNDARIES OF | ||
EDWARDS AQUIFER AUTHORITY. (a) In this section, "Edwards Aquifer" | ||
has the meaning assigned by Section 26.046(a). | ||
(b) This section applies only to the portion of the Edwards | ||
Aquifer that is inside the boundaries of the Edwards Aquifer | ||
Authority. | ||
(c) 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. | ||
(d) The commission by rule or permit may authorize: | ||
(1) the injection of the following in a well that | ||
transects or terminates in the Edwards Aquifer for the purpose of | ||
providing additional recharge: | ||
(A) groundwater withdrawn from the Edwards | ||
Aquifer; and | ||
(B) storm water, flood water, or groundwater from | ||
an aquifer other than the Edwards Aquifer, if provision is made for | ||
protecting and maintaining the quality of groundwater in the | ||
receiving portion of the Edwards Aquifer; | ||
(2) the injection of storm water, flood water, or | ||
groundwater from an aquifer other than the Edwards Aquifer by means | ||
of a natural recharge feature such as a sinkhole or cave located in | ||
a karst topographic area for the purpose of providing additional | ||
recharge; and | ||
(3) 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 purpose that will protect | ||
an underground source of drinking water from pollution. | ||
SECTION 2. Subsection (e), Section 1.44, Chapter 626, Acts | ||
of the 73rd Legislature, Regular Session, 1993, is amended to read | ||
as follows: | ||
(e) The authority may contract for injection or other | ||
artificial recharge under this section only if: | ||
(1) provision is made for protecting and maintaining | ||
the quality of groundwater in the receiving part of the aquifer; | ||
(2) [ |
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(A) groundwater withdrawn from the aquifer; or | ||
(B) storm water, flood water, or groundwater from | ||
an aquifer other than the aquifer; and | ||
(3) [ |
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(A) through: | ||
(i) a natural recharge feature such as a | ||
sinkhole or cave located in a karst topographic area; or | ||
(ii) an injection well; or | ||
(B) by infiltration. | ||
SECTION 3. Subsection (h), Section 27.051, Water Code, as | ||
added by Chapter 966 (S.B. 2), Acts of the 77th Legislature, Regular | ||
Session, 2001, is repealed. | ||
SECTION 4. This Act takes effect September 1, 2011. |