Bill Text: TX HB25 | 2013 | 83rd Legislature 1st Special Session | Introduced

Bill Title: Relating to the underground storage of water for later retrieval and beneficial use; authorizing the imposition of fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-31 - Filed [HB25 Detail]

Download: Texas-2013-HB25-Introduced.html
  83S10137 SLB-D
 
  By: Larson H.B. No. 25
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the underground storage of water for later retrieval
  and beneficial use; authorizing the imposition of fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.002, Water Code, is amended by adding
  Subdivisions (22) and (23) to read as follows:
               (22)  "Aquifer storage and recovery project" means an
  undertaking to facilitate the injection of surface water,
  groundwater, or treated effluent into a suitable aquifer by means
  of a well for later retrieval and beneficial use from that well or
  another well.
               (23)  "Target aquifer" means an aquifer used in an
  aquifer storage and recovery project.
         SECTION 2.  The heading to Section 11.153, Water Code, is
  amended to read as follows:
         Sec. 11.153.  AQUIFER STORAGE AND RECOVERY PROJECTS [FOR
  STORAGE OF APPROPRIATED WATER IN AQUIFERS].
         SECTION 3.  Sections 11.153(a), (b), (c), and (d), Water
  Code, are amended to read as follows:
         (a)  The commission shall expedite [investigate the
  feasibility of storing appropriated water in various types of
  aquifers around the state by encouraging] the issuance of temporary
  or term permits for aquifer [demonstration projects for the]
  storage and recovery projects [of appropriated water for subsequent
  retrieval and beneficial use].  The commission by rule shall allow
  the use of an existing permit for appropriated water that
  authorizes a consumptive use for a project to demonstrate the
  feasibility of an aquifer storage and recovery project.
         (b)  A permit described by Subsection (a) must authorize the
  use of a sufficient quantity of appropriated water to demonstrate
  the feasibility of [be for only the duration of] the aquifer storage
  and recovery [pilot] project for the duration of the project to
  provide the commission [and] the [board further] opportunity to
  evaluate the storage of appropriated water in the target aquifer
  [aquifers for subsequent retrieval and beneficial use].
         (c)  After [At the conclusion of a pilot project,] a permit
  holder has completed the feasibility project described by
  Subsection (a), the permit holder may file an appropriate
  application for a permit or permit amendment to store appropriated
  water in an aquifer storage and recovery project. After
  considering the success of the project and the criteria set out in
  Section 11.154, the commission shall determine whether to issue a
  permit or permit amendment authorizing the continued storage of
  appropriated water in the aquifer.
         (d)  The commission shall [only] issue a final order granting
  a permit or amendment to a permit authorizing the storage of
  appropriated water using an aquifer storage and recovery project
  [in aquifers for subsequent beneficial use] where the aquifer
  storage and recovery project is [completed pilot projects or
  historically demonstrated projects have been] shown to be feasible
  under the criteria provided in Sections 11.154(c) and (d).
         SECTION 4.  Section 11.154, Water Code, is amended to read as
  follows:
         Sec. 11.154.  PERMITS FOR AQUIFER STORAGE AND RECOVERY
  PROJECTS [TO STORE APPROPRIATED WATER IN AQUIFERS]. (a) An
  application filed with the commission [to undertake a project]
  under Section 11.153 for a permit or a permit amendment to authorize
  the storage of appropriated water in an aquifer storage and
  recovery project must include:
               (1)  the information required for an application for a
  permit or permit amendment to appropriate state water;
               (2)  all information required for an application for a
  permit for a Class V injection well without requiring a separate
  hearing or notice; and
               (3)  a map or plat showing the injection facility and
  the aquifer in which the water will be stored.
         (a-1)  Subsection (a)(1) does not apply to an application
  filed under this section if the application is for an amendment to
  an existing permit and:
               (1)  the permit the applicant seeks to amend authorizes
  a consumptive use of the appropriated water; and
               (2)  the requested amendment will not change the point
  of diversion or the rate of diversion authorized under the permit
  the applicant seeks to amend.
         (b)  If the application is for a permit or permit amendment
  to store appropriated water in a groundwater reservoir or a
  subdivision of a groundwater reservoir, as defined by Chapter 36,
  that is under the jurisdiction of a groundwater conservation
  district:
               (1)  the applicant shall:
                     (A)  provide a copy of the application to each
  groundwater conservation district that has jurisdiction over the
  reservoir or subdivision;
                     (B)  register the permit as provided by Subchapter
  N, Chapter 36, [cooperate] with each district that has jurisdiction
  over the reservoir or subdivision [to ensure compliance with the
  rules of each district]; and
                     (C)  [cooperate with each district that has
  jurisdiction over the reservoir or subdivision to develop rules
  regarding the injection, storage, and withdrawal of appropriated
  water stored in the aquifer; and
                     [(D)]  comply with the rules governing the
  injection, storage, and withdrawal of appropriated water stored in
  the reservoir or subdivision that are adopted by each district that
  has jurisdiction over the reservoir or subdivision, including a
  rule specifically relating to an aquifer storage and recovery
  project; and
               (2)  the commission shall require that the applicant
  notify the commission when the applicant has registered the permit
  with the district as required by Subdivision (1)(B) [any agreement
  the applicant reaches with a district that has jurisdiction over
  the reservoir or subdivision regarding the terms for the injection,
  storage, and withdrawal of appropriated water be included as a
  condition of the permit or permit amendment].
         (c)  Before issuing [On receipt of an application for] a
  permit or an amendment to an existing permit authorizing the
  storage of appropriated water in an aquifer storage and recovery
  project, the [from an applicant with a completed pilot or
  historically demonstrated project, the commission shall evaluate
  the success of the project for purposes of issuing a final order
  granting a permit or permit amendment authorizing the storage of
  appropriated water incident to a beneficial use. The] commission
  shall consider whether:
               (1)  the introduction of water into the target aquifer
  will alter the physical, chemical, or biological quality of native
  groundwater to a degree that the introduction would:
                     (A)  render groundwater produced from the aquifer
  harmful or detrimental to people, animals, vegetation, or property;
  or
                     (B)  require treatment of the groundwater to a
  greater extent than the native groundwater requires before being
  applied to that beneficial use;
               (2)  the water stored in the target [receiving] aquifer
  can be successfully retrieved [harvested] from the aquifer for
  beneficial use; and
               (3)  reasonable diligence will be used to protect the
  water stored in the target [receiving] aquifer from unauthorized
  withdrawals to the extent necessary to maximize the permit holder's
  ability to retrieve and beneficially use the stored water without
  experiencing unreasonable loss of appropriated water.
         (d)  In making its evaluation under Subsection (c), the
  commission may consider all relevant facts, including:
               (1)  the location and depth of the target aquifer in
  which the stored water is located;
               (2)  the nature and extent of the surface development
  and activity above the stored water;
               (3)  the permit holder's ability to prevent
  unauthorized withdrawals by contract or the exercise of the power
  of eminent domain;
               (4)  the existence of a groundwater [an underground
  water] conservation district or other governmental entity with
  jurisdiction over the production of water from the target aquifer
  [storing the water] and the district's ability to adopt rules to
  protect [stored] water stored in the aquifer storage and recovery
  project; and
               (5)  the existence of any other political subdivision
  or state agency authorized to regulate the drilling of wells into or
  the production of water from the target aquifer.
         (e)  A permit or a permit amendment that authorizes the
  storage of [to store] appropriated water in a groundwater reservoir
  or subdivision, as defined by Chapter 36, shall provide as a
  condition to the permit or permit amendment that the permit holder
  shall:
               (1)  register the permit holder's injection and
  recovery wells that are used in connection with an aquifer storage
  and recovery project with a groundwater conservation district that
  has jurisdiction over the reservoir or subdivision, if any; and
               (2)  comply with the reporting requirements
  established under Subchapter N, Chapter 36 [each calendar month,
  provide the district, if any, with a written report showing for the
  previous calendar month:
                     [(A)     the amount of water injected for storage;
  and
                     [(B)  the amount of water recaptured for use].
         SECTION 5.  The heading to Section 11.155, Water Code, is
  amended to read as follows:
         Sec. 11.155.  AQUIFER STORAGE AND RECOVERY [PILOT] PROJECT
  REPORTS.
         SECTION 6.  Section 11.155(b), Water Code, is amended to
  read as follows:
         (b)  The board, as part of the state and regional water
  planning process, shall conduct [make other] studies,
  investigations, and surveys of the aquifers in the state, including
  target aquifers, as it considers necessary to determine the
  feasibility of recommending the occurrence, quantity, quality, and
  availability of other aquifers in which water may be stored and
  subsequently retrieved for beneficial use. [The board shall
  undertake the studies, investigations, and surveys in the following
  order of priority:
               [(1)  the aquifers described in Section 11.153(a);
               [(2)     areas designated by the commission as "priority
  groundwater management areas" under Section 35.008; and
               [(3)     other areas of the state in a priority to be
  determined by the board's ranking of where the greatest need
  exists.]
         SECTION 7.  Section 26.001, Water Code, is amended by adding
  Subdivisions (27) and (28) to read as follows:
               (27)  "Aquifer storage and recovery project" means an
  undertaking to facilitate the injection of surface water,
  groundwater, or treated effluent into a suitable aquifer by means
  of a well for later retrieval and beneficial use from that well or
  another well.
               (28)  "Target aquifer" means an aquifer used in an
  aquifer storage and recovery project.
         SECTION 8.  Sections 26.0271(b) and (c), Water Code, are
  amended to read as follows:
         (b)  In any permit or amendment to a permit issued under this
  chapter, at the request of the applicant the commission may
  authorize a wastewater treatment facility to contribute treated
  domestic wastewater produced by the facility as reclaimed water to
  a reuse water system, or for storage in an aquifer storage and
  recovery project, if the commission has approved the use of
  reclaimed water from the wastewater treatment facility.
         (c)  In any permit or amendment to a permit issued under this
  chapter, at the request of the applicant the commission shall
  authorize, subject to any required approval by the United States
  Environmental Protection Agency, a wastewater treatment facility
  to:
               (1)  contribute reclaimed water into a reuse water
  system operated by the agency; [and]
               (2)  discharge reclaimed water contributed to a reuse
  water system at any outfall for which a discharge from the reuse
  water system is authorized in any permit issued for any wastewater
  treatment facility operated by the agency; or
               (3)  inject the reclaimed water for storage in an
  aquifer storage and recovery project.
         SECTION 9.  Section 26.029(a), Water Code, is amended to
  read as follows:
         (a)  In each permit, the commission shall prescribe the
  conditions on which it is issued, including:
               (1)  the duration of the permit;
               (2)  the location of the point of discharge of the
  waste;
               (3)  the maximum quantity of waste that may be
  discharged under the permit at any time and from time to time;
               (4)  the character and quality of waste that may be
  discharged under the permit; [and]
               (5)  any monitoring and reporting requirements
  prescribed by the commission for the permittee; and
               (6)  the target aquifer into which the treated effluent
  may be injected as a contribution to an aquifer storage and recovery
  project.
         SECTION 10.  Chapter 36, Water Code, is amended by adding
  Subchapter N to read as follows:
  SUBCHAPTER N. AQUIFER STORAGE AND RECOVERY PROJECTS
         Sec. 36.451.  DEFINITIONS.  In this subchapter:
               (1)  "Aquifer storage and recovery project" means an
  undertaking to facilitate the injection of surface water,
  groundwater, or treated effluent into a suitable aquifer by means
  of a well for later retrieval and beneficial use from that well or
  another well.
               (2)  "Target aquifer" means an aquifer used in an
  aquifer storage and recovery project.
         Sec. 36.452.  AQUIFER STORAGE AND RECOVERY PROJECT WELLS.
  (a) A well that is constructed and operated as part of an aquifer
  storage and recovery project is subject to the permitting
  requirements established under Section 11.154.
         (b)  A well that is constructed and operated as part of an
  aquifer storage and recovery project is not subject to:
               (1)  permitting by a district; or
               (2)  rules adopted by a district relating to spacing,
  setback, or production limits.
         Sec. 36.453.  REGISTRATION OF WELLS. (a) A well that is
  constructed and operated as part of an aquifer storage and recovery
  project must be registered with the district.
         (b)  The registration application shall include:
               (1)  the longitude and latitude coordinates of the
  well;
               (2)  the depth at which the deepest point of the well is
  located and the aquifer, groundwater reservoir, or aquifer
  subdivision into which the well penetrates;
               (3)  a designation of the well as a well for injection,
  recovery, or injection and recovery;
               (4)  a copy of the commission's Class V injection well
  authorization, if applicable;
               (5)  a copy of an authorization, if required, to use the
  surface and subsurface of the property to construct and operate an
  aquifer storage and recovery project, including a deed, lease, or
  easement;
               (6)  evidence that each well associated with the
  aquifer storage and recovery project is metered; and
               (7)  a copy of the following, as applicable:
                     (A)  a permit authorizing the use of the water to
  be injected into a storage well, if use of that water requires a
  permit;
                     (B)  a permit for use of unappropriated water from
  the commission; or
                     (C)  a production and operating permit issued by a
  district other than the district in which the well is registered.
         (c)  A district shall register a well that is the subject of
  an application that meets the requirements of Subsection (b).
         Sec. 36.454.  PROTECTION OF RIGHTS TO STORED WATER. (a)
  Except as provided by Subsection (b), a district shall adopt rules
  to protect water stored in an aquifer storage and recovery project
  to the greatest extent practicable.
         (b)  The district is not required to adopt rules to prohibit
  the withdrawal of water stored in an aquifer storage and recovery
  project by the holder of a permit issued by a district from a well
  located outside of the area described in the aquifer storage and
  recovery project well registration.
         (c)  Nothing in this subchapter may be construed as
  authorizing the production of groundwater from an aquifer,
  groundwater reservoir, or subdivision of an aquifer within the
  jurisdiction of a district without a permit issued under this
  chapter.
         (d)  In considering an application for a permit for
  production from a highly productive aquifer, as determined by
  district rule, for purposes of storing the water produced in an
  aquifer storage and recovery project, a district shall consider:
               (1)  the benefits of storing the water in the aquifer
  storage and recovery project; and
               (2)  the ability of the more productive contributing
  aquifer to recover and replace the water stored in the target
  aquifer.
         Sec. 36.455.  REPORTS. (a) A person operating an aquifer
  storage and recovery project shall meter the volume of water
  injected and recovered from each well associated with the project
  at the wellhead and file a monthly report with the district in which
  each well is located. The report must contain the following
  information:
               (1)  the amount of water injected for storage in each
  well located in the district and the source of the injected water;
  and
               (2)  the amount of water recovered from each well
  located in the district.
         (b)  The report required by Subsection (a) must be filed not
  later than the 20th day of each month.
         (c)  A person operating an aquifer storage and recovery
  project shall file an annual report with the district in which each
  well associated with the project is located. The report must
  contain the following information:
               (1)  the cumulative amount of water in storage in the
  project; and
               (2)  a map showing the areal extent of the underground
  movement of the stored water as of the end of the year in which the
  report is prepared.
         (d)  The report required by Subsection (c) must be filed not
  later than January 20 of each year.
         (e)  If water is injected into a well for storage in one
  district and later recovered from a well located in a different
  district, the reports required under this section shall be provided
  to each district in which a well associated with the project is
  located.
         Sec. 36.456.  FEES. (a) Except as provided by Subsections
  (b) and (c), a district may not assess against an aquifer storage
  and recovery project a fee, assessment, or tax.
         (b)  A district may require:
               (1)  the payment of a fee of $100 for each well related
  to an aquifer storage and recovery project that is registered as
  provided by Section 36.453, payable at the time the well is
  registered with the district, except as provided by Subsection (c);
  and
               (2)  the payment of an annual fee not to exceed $5 per
  acre-foot of water injected in an aquifer storage and recovery
  project during the preceding year, which must be submitted with the
  annual report required under Section 36.455(c).
         (c)  The fees collected by a district:
               (1)  under Subsection (b)(1) may not exceed $10,000 for
  a single aquifer storage and recovery project and may only be used
  to compensate the district for the cost of conducting field
  inspections to verify:
                     (A)  the location of wells associated with an
  aquifer storage and recovery project; and
                     (B)  the installation of meters on each well
  associated with an aquifer storage and recovery project; and
               (2)  under Subsection (b)(2) must be deposited into a
  mitigation account and may be used by the district only to
  compensate a person who meets the requirements prescribed by
  Subsection (d).
         (d)  A district may pay money from a mitigation account to a
  person in an amount equal to the costs incurred by the person to
  repair, rehabilitate, or replace a well if the person presents
  evidence to the district's board of directors that demonstrates to
  a reasonable degree of certainty that the operation of the aquifer
  storage and recovery project resulted in damage to the person's
  well.
         (e)  A district's payment of money under Subsection (d) may
  not be construed as an admission of liability by an aquifer storage
  and recovery project.
         Sec. 36.457.  STORAGE AND RECOVERY. (a) Water in an aquifer
  storage and recovery project may be stored in and recovered from
  multiple aquifers, provided that the storage and recovery is
  accomplished using injection and recovery wells completed in the
  target aquifer. Individual injection and recovery wells may be
  completed only in a single aquifer to prevent cross-contamination
  of aquifers.
         (b)  Water stored in an aquifer storage and recovery project
  is not subject to production limits, cutbacks, or other action by
  the district to reduce production.
         Sec. 36.458.  REGULATION BY DISTRICT. An aquifer storage
  and recovery project, and the water stored in a project, is not
  subject to any provision or requirement of this chapter related to
  the desired future conditions or modeled available groundwater
  adopted by the district or the applicable groundwater management
  area.
         Sec. 36.459.  ADMINISTRATION. The executive administrator
  shall develop for adoption by the Texas Water Development Board or
  any successor agency model rules for the administration of aquifer
  storage and recovery projects for districts not later than December
  31, 2013. The model rules, once adopted, are applicable to all
  districts in the state and must be adopted by each district on or
  before the 60th day following the date of adoption by the Texas
  Water Development Board.
         Sec. 36.460.  WASTEWATER USAGE. Under a permit issued under
  Chapter 26, treated wastewater effluent may be stored in an aquifer
  storage and recovery project.
         Sec. 36.461.  STATE FUNDING. An aquifer storage and
  recovery project is eligible for state funding in the form of loans
  and grants from any available fund or revenue source used to fund
  projects included in the state water plan.
         SECTION 11.  Sections 11.153(e) and 11.155(a), Water Code,
  are repealed.
         SECTION 12.  This Act takes effect on the 91st day after the
  last day of the legislative session.

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