Part I.
Texas Natural Resource Conservation Commission
Chapter 295.
Water Rights, Procedural
The Texas Natural Resource Conservation Commission (TNRCC or commission)
adopts amendments to §§295.21, 295.22 and 295.202, concerning additional
requirements for storage of appropriated surface water in aquifers under
Texas Water Code, §§11.153-11.155. Section 295.202 is adopted with
changes to the proposed text as published in the October 4, 1996 issue of
the
Texas Register
(21 TexReg 9600). Sections
295.21 and 295.22 are adopted without changes and will not be republished.
EXPLANATION OF ADOPTED RULES.
The adopted amendments to §§295.21, 295.22 and 295.202 will complete
the implementation of recent legislation in House Bill 1989 (Regular Session,
74th Legislature, 1995) which directs the TNRCC to investigate the feasibility
of storing appropriated surface water in various aquifers around the state
by encouraging the issuance of permits for aquifer storage and retrieval
(ASR) projects (as defined in the adopted amendment to §297.1 of this
title (relating to Definitions)), which would store appropriated surface
water in specific aquifers for subsequent retrieval and beneficial use.
The commission previously adopted new and amended rules in Chapters 295,
297 and 331 of this title (related to Water Rights, Procedural; Water Rights,
Substantive; and Underground Injection Control, respectively) (see 21 TexReg
5441, June 14, 1996). The previously adopted rules specify where a project
participant can pursue a pilot demonstration (Phase I) project in the state.
They further provide the authorization procedures and technical requirements
a project participant must adhere to in order to complete a Phase I study
to determine the feasibility of a site for ultimate storage and retrieval.
The purpose of the adopted amendments to this chapter is to further define
and specify those additional permitting and technical procedures and requirements
a project sponsor will have to complete in order to obtain a Phase II (permanent
authorization) permit for an aquifer storage and retrieval project which
would store appropriated surface water in an aquifer for subsequent retrieval
and beneficial use.
TAKINGS IMPACT ASSESSMENT.
The commission has prepared a Takings Impact Assessment for these amended
rules pursuant to Texas Government Code Annotated §2007.043. The following
is a summary of that Assessment. The specific purpose of the rule is to further
define and specify those additional permitting and technical procedures and
requirements to obtain a Phase II (permanent authorization) permit or permit
amendment for an aquifer storage and retrieval project which would store
appropriated surface water in an aquifer. The rules will substantially advance
this specific purpose by providing application requirements and specific
technical and administrative requirements for these types of projects in
order to protect water quality and prevent waste of state water. Promulgation
and enforcement of these rules will not burden private real property which
is the subject of these rules because the activities subject to the rule
are undertaken voluntarily and the requirements seek to protect the quality
of existing water resources and prevent the waste of state water resources.
PUBLIC HEARING AND COMMENTERS.
A public hearing was held on October 31, 1996, at the TNRCC offices in
Austin. Five individuals appeared at the hearing; however, no one offered
testimony on the amended rules as proposed. One commenter, City of Austin,
submitted written comments during the comment period which closed on November
4, 1996. Written comments were received from the City of Austin (COA) on
§295.22 and §295.202.
GENERAL COMMENTS.
COA commented that the requirement for an ASR operations plan for the life
of the project to locate all wells at the inception of a project would limit
expansion of projects, which COA considers an important advantage to an ASR
project. COA suggested incorporating a methodology in §295.22(b)(2)
for amending operations plans to add new wells.
The commission makes no change in response to the comment. The intent of
the proposed rule is to identify all existing and proposed wells in order
to develop a reasonable prediction of the effects of the injection in the
aquifer including maximum distance of travel. This information on predicted
impacts allows protection of state water from unauthorized retrieval. Commission
staff note that the rules allow for amendment of the permit for additional
ASR activities and that the rule as adopted does not preclude construction
in a staged fashion to make use of the cost benefits of ASR technology.
COA also commented on §295.22(b)(4) requiring a water quality monitoring
plan for a project. COA questioned the intended relationship of this requirement
to the monitoring requirements for public water systems, regulated by the
commission under Chapter 290 of this title, especially with regard to systems
using ground water under the influence of surface water.
The commission responds that to the extent possible monitoring and reporting
requirements under these proposed rules will be coordinated with requirements
under Chapter 290 of this title relating to public water supply systems.
Reporting under Chapter 290 of this title is typically at the point of distribution
to the public water supply system. The proposed rules would require monitoring
near the point of injection and near the point of recovery, which may be
a different location if there are more than one source for the public water
supply system. The intent of the rule is to require monitoring information
which will allow the commission to determine water quality changes resulting
from the injection and recovery activities. With regard to system monitoring
under the designation "ground water under the influence of surface water,"
water treatment that would satisfy the treatment rule referenced is required
prior to injection. In addition, recovered water used for public supply would
be subject to disinfection as required under Chapter 290 of this title.
COA also commented on §295.202(e)(2)(B) regarding the five-year operational
report requirement. Specifically, COA noted the amount of data involved and
questioned the agency's intent regarding use of the data. COA further suggested
that the language be modified to allow the submission of summarized data
in lieu of daily data which is maintained on file by the COA utility.
The commission agrees with the commenter and the rule has been changed
to require submission of a summary of data rather than all data.
Subchapter A. Requirements of Water Use Permit Application Additional Requirements for the Storage of Appropriated Surface Water In Aquifers
30 TAC §295.21, §295.22
STATUTORY AUTHORITY.
The amendments are adopted under the Texas Water Code, §5.103, and
§5.105, which authorizes the TNRCC to adopt any rules necessary to carry
out its powers and duties under the Texas Water Code and other laws of Texas
and to establish and approve all general policy of the commission.
The adopted amendments implement the Texas Water Code, §§11.153-11.155,
which authorizes the TNRCC to investigate the feasibility of storing appropriated
water in various aquifers around the state by encouraging the issuance of
permits for aquifer storage and retrieval projects which would store appropriated
water for subsequent retrieval and beneficial use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618551
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 10, 1997
Proposal publication date: October 4, 1996
For further information, please call: (512) 239-4640
30 TAC §295.202
The amendment adopted under the Texas Water Code, §5.103,
and §5.105, which authorize the Texas Natural Resource Conservation
Commission to adopt any rules necessary to carry out its powers and duties
under the Texas Water Code and other laws of Texas and to establish and approve
all general policy of the commission.
§295.202. Reports.
(a)-(d)
(No change.)
(e)
Operations Report for Aquifer Storage and Retrieval Projects.
(1)
On the five-year anniversary date of the issuance of the
permit or permit amendment, and every ten years thereafter or upon a more
frequent schedule established by the executive director, the permittee shall
provide the executive director with an operations report describing what
efforts the permittee has made to:
(A)
protect the state water stored in the receiving aquifer
from unauthorized withdrawals; and
(B)
maximize the retrieval and beneficial use of the stored
water without experiencing unreasonable losses of state water.
(2)
The operations report shall identify and provide:
(A)
any potential or real impacts identified during the operation
of the project;
(B)
a summary of all data, information and analyses associated
with any monitoring during the operation of the project;
(C)
a comparison of actual movement of injected state water
with the modeling predictions submitted with the application for permit under
Chapter 295 of this title (relating to Water Rights, Procedural);
(D)
an assessment of the project in terms of the protection
of ground water quality; and
(E)
any additional information the executive director determines
is necessary for the protection of underground sources of drinking water.
(3)
The executive director shall review the report
described in this subsection. If the executive director determines that the
circumstances, under which the permit was granted, have significantly changed,
the executive director may pursue an amendment to such permit in accordance
with §305.62 of this title (relating to Amendment).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618552
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 10, 1997
Proposal publication date: October 4, 1996
For further information, please call: (512) 239-4640
Subchapter A. Definitions
30 TAC §297.1
The Texas Natural Resource Conservation Commission (TNRCC
or commission) adopts an amendment to §297.1, concerning permits for
the storage of appropriated surface water in aquifers under Texas Water Code,
§§11.153-11.155, without changes to the proposed section as published
in the October 4, 1996 issue of the
Texas Register
(21 TexReg 9604).
EXPLANATION OF ADOPTED RULES.
The adopted amendment to §297.1 will implement recent legislation
in House Bill 1989 (Regular Session, 74th Legislature, 1995) which directs
the TNRCC to investigate the feasibility of storing appropriated surface
water in various aquifers around the state by encouraging the issuance of
permits for aquifer storage and retrieval projects, as defined in the amendment
to §297.1 of this title (relating to Definitions), which would store
appropriated surface water in specific aquifers for subsequent retrieval
and beneficial use.
The commission previously adopted new and amended rules in Chapters 295,
297 and 331 of this title (related to Water Rights, Procedural; Water Rights,
Substantive; and Underground Injection Control, respectively) (see 21 TexReg
5441, June 14, 1996). The previously adopted rules specify where a project
participant can pursue a pilot demonstration (Phase I) project in the state.
They further provide the authorization procedures and technical requirements
a project participant must adhere to in order to complete a Phase I study
to determine the feasibility of a site for ultimate storage and retrieval.
The purpose of the adopted amendment to this chapter is to further define
and specify those additional permitting and technical procedures and requirements
a project sponsor will have to complete in order to obtain a Phase II (permanent
authorization) permit for an aquifer storage and retrieval project which
would store appropriated surface water in an aquifer for subsequent retrieval
and beneficial use.
TAKINGS IMPACT ASSESSMENT.
The commission has prepared a Takings Impact Assessment for these amended
rules pursuant to Texas Government Code, Annotated §2007.043. The following
is a summary of that assessment. The specific purpose of the rule is to further
define and specify those additional permitting and technical procedures and
requirements to obtain a Phase II (permanent authorization) permit or permit
amendment for an aquifer storage and retrieval project which would store
appropriated surface water in an aquifer. The rules will substantially advance
this specific purpose by providing application requirements and specific
technical and administrative requirements for these types of projects in
order to protect water quality and prevent waste of state water. Promulgation
and enforcement of these rules will not burden private real property which
is the subject of these rules because the activities subject to the rule
are undertaken voluntarily and the requirements seek to protect water quality
of existing resources and prevent the waste of state water resources.
PUBLIC HEARING AND COMMENTERS.
A public hearing was held on October 31, 1996, at the TNRCC offices in
Austin. No one offered testimony at the public hearing or submitted written
comments related to the proposed rules during the comment period which closed
on November 4, 1996.
GENERAL COMMENTS.
No comments were received on the proposal.
STATUTORY AUTHORITY.
The amendment is adopted under the Texas Water Code, §5.103, and §5.105,
which authorizes the TNRCC to adopt any rules necessary to carry out its
powers and duties under the Texas Water Code and other laws of Texas and
to establish and approve all general policy of the commission.
The adopted amendment implements the Texas Water Code, §§11.153-11.155,
which direct the TNRCC to investigate the feasibility of storing appropriated
surface water in various aquifers around the state by encouraging the issuance
of permits for aquifer storage and retrieval projects that would propose
to store appropriated water in specific aquifers for subsequent retrieval
and beneficial use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618553
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 10, 1997
Proposal publication date: October 4, 1996
For further information, please call: (512) 239-4640
The Texas Natural Resource Conservation Commission (TNRCC or commission)
adopts amendments to §§331.9, 331.182 and 331.185, concerning additional
standards and requirements for Class V aquifer storage wells, without changes
to the proposed text as published in the October 4, 1996 issue of the
EXPLANATION OF ADOPTED RULES.
The adopted amendments to §§331.9, 331.182 and §331.185
will implement recent legislation in House Bill 1989 (Regular Session, 74th
Legislature, 1995) which directs the TNRCC to investigate the feasibility
of storing appropriated surface water in various aquifers around the state
by encouraging the issuance of permits for aquifer storage and retrieval
projects, as defined in the amendment to §297.1 of this title (relating
to Definitions), which would store appropriated surface water in specific
aquifers for subsequent retrieval and beneficial use.
The commission previously adopted new and amended rules in Chapters 295,
297 and 331 of this title (related to Water Rights, Procedural; Water Rights,
Substantive; and Underground Injection Control, respectively) (see 21 TexReg
5441, June 14, 1996). The previously adopted rules specify where a project
participant can pursue a pilot demonstration (Phase I) project in the state.
They further provide the authorization procedures and technical requirements
a project participant must adhere to in order to complete a Phase I study
to determine the feasibility of a site for ultimate storage and retrieval.
The purpose of the adopted amendments to this chapter is to further define
and specify those additional permitting and technical procedures and requirements
a project sponsor will have to complete in order to obtain a Phase II (permanent
authorization) permit for an aquifer storage and retrieval project which
would store appropriated surface water in an aquifer for subsequent retrieval
and beneficial use.
TAKINGS IMPACT ASSESSMENT.
The commission has prepared a Takings Impact Assessment for these amended
rules pursuant to Texas Government Code Annotated §2007.043. The following
is a summary of that assessment. The specific purpose of the rule is to further
define and specify those additional permitting and technical procedures and
requirements to obtain a Phase II (permanent authorization) permit or permit
amendment for an aquifer storage and retrieval project which would store
appropriated surface water in an aquifer. The rules will substantially advance
this specific purpose by providing application requirements and specific
technical and administrative requirements for these types of projects in
order to protect water quality and prevent waste of state water. Promulgation
and enforcement of these rules will not burden private real property which
is the subject of these rules because the activities subject to the rule
are undertaken voluntarily and the requirements seek to protect water quality
of existing resources and prevent the waste of state water resources.
PUBLIC HEARING AND COMMENTERS.
A public hearing was held on October 31, 1996, at the TNRCC offices in
Austin. No one offered testimony at the public hearing or submitted written
comments related to the proposed rules during the comment period which closed
on November 4, 1996.
GENERAL COMMENTS.
No comments were received on the proposed rules.
Subchapter A. General Provisions
Subchapter F. Miscellaneous
Chapter 297.
Water Rights, Substantial
Chapter 331.
Underground Injection Control