reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.047. Rules

Sec. 27.047.  RULES.  The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:
(1)  the geologic storage and associated injection of anthropogenic carbon dioxide, including:
(A)  geologic site characterization;
(B)  area of review and corrective action;
(C)  well construction;
(D)  operation;
(E)  mechanical integrity testing;
(F)  monitoring;
(G)  well plugging;
(H)  postinjection site care;
(I)  site closure; and
(J)  long-term stewardship;
(2)  the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and
(3)  the collection and administration of:
(A)  fees imposed under Section 27.045;
(B)  penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter; and
(C)  funds received from financial responsibility mechanisms under Section 27.073.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 12, eff. June 9, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.048. Consistency With and Implementation of Federal Requirements

Sec. 27.048.  CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS.  (a)  Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.
(b)  If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program,  the railroad commission shall seek primacy to administer and enforce the program for the geologic storage and associated injection of anthropogenic carbon dioxide in this state, including onshore and offshore geologic storage and associated injection.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 13, eff. June 9, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.049. Memorandum of Understanding

Sec. 27.049.  MEMORANDUM OF UNDERSTANDING.  The commission and the railroad commission, as necessary to comply with this subchapter, by rule shall:
(1)  amend the memorandum of understanding recorded in 16 T.A.C. Section 3.30; or
(2)  enter into a new memorandum of understanding.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.050. Financial Responsibility

Sec. 27.050.  FINANCIAL RESPONSIBILITY.  (a)  A person to whom a permit is issued under this subchapter must provide to the railroad commission annually evidence of financial responsibility that is satisfactory to the railroad commission.
(b)  In determining whether the person is financially responsible, the railroad commission shall rely on:
(1)  the person's most recent quarterly report filed with the United States Securities and Exchange Commission under Section 13 or 15(d), Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); or
(2)  if the person is not required to file with the United States Securities and Exchange Commission a report described by Subdivision (1), the person's most recent audited financial statement.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter D. Issuance of Permits: Terms and Conditions › Section 27.0515. Facilities Required to Obtain Federal Approval

Sec. 27.0515.  FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL.  For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the United States Environmental Protection Agency a variance from the federal land disposal restrictions before injecting permitted hazardous wastes:
(1)  a permit or other authorization issued to the facility under this chapter is not subject to cancellation, amendment, modification, revocation, or denial of renewal because the permit holder has not commenced construction or operation of the facility;  and
(2)  the fixed term of each permit or other authorization issued to the facility under this chapter shall commence on the date physical construction of the authorized waste management facility begins.
Added by Acts 1997, 75th Leg., ch. 1211, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter D. Issuance of Permits: Terms and Conditions › Section 27.052. Copies of Permit; Filing Requirements

Sec. 27.052.  COPIES OF PERMIT;  FILING REQUIREMENTS.  (a)  The commission shall furnish the railroad commission and the Texas Department of Health with a copy of each permit the commission issues.  The railroad commission shall furnish the commission with a copy of each permit the railroad commission issues and the executive director shall in turn forward copies to the Texas Department of Health.
(b)  Before beginning injection operations, a person receiving a permit to inject industrial and municipal waste shall file a copy of the permit with the health authorities of the county, city, and town where the well is located.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.119, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.300, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter D. Issuance of Permits: Terms and Conditions › Section 27.053. Record of Strata

Sec. 27.053.  RECORD OF STRATA.  The commission or railroad commission may require a person receiving a permit or authorization by rule under this chapter to keep and furnish a complete and accurate record of the depth, thickness, and character of the different strata penetrated in drilling an injection well, monitoring well, or production well.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1118 (H.B. 3838), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter D. Issuance of Permits: Terms and Conditions › Section 27.054. Electric or Drilling Log

Sec. 27.054.  ELECTRIC OR DRILLING LOG.  If an existing well is to be converted to an injection well, monitoring well, or production well, the commission or railroad commission may require the applicant to furnish an electric log or a drilling log of the existing well.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1118 (H.B. 3838), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter D. Issuance of Permits: Terms and Conditions › Section 27.055. Casing Requirements

Sec. 27.055.  CASING REQUIREMENTS.  The casing shall be set at the depth, with the materials, and in the manner required by the commission or railroad commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter D. Issuance of Permits: Terms and Conditions › Section 27.056. Factors in Setting Casing Depth

Sec. 27.056.  FACTORS IN SETTING CASING DEPTH.  Before setting the depth to which casing shall be installed, the commission or railroad commission shall consider:
(1)  known geological and hydrological conditions and relationships;
(2)  foreseeable future economic development in the area;  and
(3)  foreseeable future demand for the use of fresh water in the locality.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter E. General Powers › Section 27.071. Power to Enter Property

Sec. 27.071.  POWER TO ENTER PROPERTY.  Members of the commission and the railroad commission and employees of the commission and the railroad commission may enter public or private property to inspect and investigate conditions relating to injection well, monitoring well, disposal well, production well, or geologic storage activities within their respective jurisdictions or to monitor compliance with a rule, permit, or other order of the commission or railroad commission.  Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.120, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1118 (H.B. 3838), Sec. 5, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter E. General Powers › Section 27.072. Power to Examine Records

Sec. 27.072.  POWER TO EXAMINE RECORDS.  Members of the commission and the railroad commission and employees of the commission and railroad commission may examine and copy those records or memoranda of a business they are investigating as provided by Section 27.071 that relate to the operation of an injection well, monitoring well, disposal well, production well, or geologic storage facility, or any other records required to be maintained by law.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.120, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1118 (H.B. 3838), Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.101. Civil Penalty

Sec. 27.101.  CIVIL PENALTY.  (a)  A person who violates any provision of this chapter under the jurisdiction of the railroad commission, any rule of the railroad commission made under this chapter, or any term, condition, or provision of a permit issued by the railroad commission under this chapter shall be subject to a civil penalty in any sum not exceeding $5,000 for each day of noncompliance and for each act of noncompliance.  A violation under the jurisdiction of the commission is enforceable as provided by Chapter 7.
(b)  The action may be brought by the railroad commission in any court of competent jurisdiction in the county where the offending activity is occurring or where the defendant resides.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.121, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1072, Sec. 24, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.1011. Administrative Penalty

Sec. 27.1011.  ADMINISTRATIVE PENALTY.  (a)  If a person violates the provisions of this chapter or a rule, order, license, permit, or certificate issued under this chapter, the person may be assessed a civil penalty by the railroad commission.
(b)  The penalty may not exceed $10,000 a day for each violation.  Each day a violation continues may be considered a separate violation for purposes of penalty assessments.
(c)  In determining the amount of the penalty, the railroad commission shall consider the permittee's history of previous violations of this chapter, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the permittee or person charged.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, Sec. 3, eff. Aug. 29, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.1012. Penalty Assessment Procedure

Sec. 27.1012.  PENALTY ASSESSMENT PROCEDURE.  (a)  A civil penalty may be assessed only after the person charged with a violation described under Section 27.1011 of this code has been given an opportunity for a public hearing.
(b)  If a public hearing has been held, the railroad commission shall make findings of fact, and it shall issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
(c)  If appropriate, the railroad commission shall consolidate the hearings with other proceedings under this chapter.
(d)  If the person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the railroad commission after it has determined that a violation did occur and the amount of the penalty that is warranted.
(e)  The railroad commission shall then issue an order requiring that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, Sec. 3, eff. Aug. 29, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.1013. Payment of Penalty; Refund

Sec. 27.1013.  PAYMENT OF PENALTY;  REFUND.  (a)  On the issuance of an order finding that a violation has occurred, the railroad commission shall inform the permittee and any other person charged within 30 days of the amount of the penalty.
(b)  Within the 30-day period immediately following the day on which the decision or order is final as provided in Subchapter F, Chapter 2001, Government Code, the person charged with the penalty shall:
(1)  pay the penalty in full;  or
(2)  if the person seeks judicial review of either the amount of the penalty or the fact of the violation, or both:
(A)  forward the amount to the railroad commission for placement in an escrow account;  or
(B)  in lieu of payment into escrow, post with the railroad commission a supersedeas bond in a form approved by the railroad commission for the amount of the penalty, such bond to be effective until all judicial review of the order or decision is final.
(c)  If through judicial review of the decision or order it is determined that no violation occurred or that the amount of the penalty should be reduced or not assessed, the railroad commission shall, within the 30-day period immediately following that determination, if the penalty has been paid to the railroad commission, remit the appropriate amount to the person, with accrued interest, or where a supersedeas bond has been posted, the railroad commission shall execute a release of such bond.
(d)  Failure to forward the money to the railroad commission within the time provided by Subsection (b) of this section results in a waiver of all legal rights to contest the violation or the amount of the penalty.
(e)  Judicial review of the order or decision of the railroad commission assessing the penalty shall be under the substantial evidence rule and shall be instituted by filing a petition with the district court of Travis County, Texas, and not elsewhere, as provided for in Subchapter G, Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, Sec. 3, eff. Aug. 29, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(53), (59), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.1014. Recovery of Penalty

Sec. 27.1014.  RECOVERY OF PENALTY.  Civil penalties owed under Sections 27.1011-27.1013 of this code may be recovered in a civil action brought by the attorney general at the request of the railroad commission.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, Sec. 3, eff. Aug. 29, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.102. Injunction, Etc

Sec. 27.102.  INJUNCTION, ETC.  (a)  The railroad commission may enforce a provision of this chapter under the jurisdiction of the railroad commission, any valid rule made by the railroad commission under this chapter, or any term, condition, or provision of a permit issued by the railroad commission under this chapter by injunction or other appropriate remedy.  The suit shall be brought in a court of competent jurisdiction in the county where the offending activity is occurring.
(b)  The executive director may enforce a provision of this chapter under the jurisdiction of the commission, a commission rule adopted under this chapter, or a term, condition, or provision of a permit issued by the commission under this chapter as provided by Subchapter B, Chapter 7.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1997, 75th Leg., ch. 1072, Sec. 25, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.103. Procedure

Sec. 27.103.  PROCEDURE.  (a)  At the request of the railroad commission, the attorney general shall institute and conduct a suit in the name of the State of Texas for injunctive relief or to recover the civil penalty, or for both the injunctive relief and civil penalty, authorized in Sections 27.101 and 27.102 of this chapter.
(b)  Any party to a suit may appeal from a final judgment as in other civil cases.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1997, 75th Leg., ch. 1072, Sec. 26, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.104. Effect of Permit on Civil Liability

Sec. 27.104.  EFFECT OF PERMIT ON CIVIL LIABILITY.  The fact that a person has a permit issued under this chapter does not relieve him from any civil liability.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter F. Civil and Criminal Remedies › Section 27.105. Criminal Fines

Sec. 27.105.  CRIMINAL FINES.  (a)  A person who knowingly or intentionally violates a provision of this chapter under the jurisdiction of the railroad commission, a rule of the railroad commission, or a term, condition, or provision of a permit issued by the railroad commission under this chapter is subject to a fine of not more than $5,000 for each violation and for each day of violation.  A violation under the jurisdiction of the commission is enforceable under Section 7.157.
(b)  Venue for prosecution of an alleged violation is in the county in which the violation is alleged to have occurred or where the defendant resides.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.1211, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1072, Sec. 27, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter G. Aquifer Storage and Recovery Projects › Section 27.151. Definitions

Sec. 27.151.  DEFINITIONS.  In this subchapter:
(1)  "Aquifer storage and recovery project" means a project involving the injection of water into a geologic formation for the purpose of subsequent recovery and beneficial use by the project operator.
(2)  "ASR injection well" means a Class V injection well used for the injection of water into a geologic formation as part of an aquifer storage and recovery project.
(3)  "ASR recovery well" means a well used for the recovery of water from a geologic formation as part of an aquifer storage and recovery project.
(4)  "Native groundwater" means the groundwater naturally occurring in a geologic formation.
(5)  "Project operator" means a person holding an authorization under this subchapter to undertake an aquifer storage and recovery project.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter G. Aquifer Storage and Recovery Projects › Section 27.152. Jurisdiction

Sec. 27.152.  JURISDICTION.  The commission has exclusive jurisdiction over the regulation and permitting of ASR injection wells.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter G. Aquifer Storage and Recovery Projects › Section 27.153. Authorization for Use of Class v Injection Wells

Sec. 27.153.  AUTHORIZATION FOR USE OF CLASS V INJECTION WELLS.  (a) The commission may authorize the use of a Class V injection well as an ASR injection well:
(1)  by rule;
(2)  under an individual permit; or
(3)  under a general permit.
(b)  In adopting a rule or issuing a permit under this section, the commission shall consider:
(1)  whether the injection of water will comply with the standards set forth under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.);
(2)  the extent to which the cumulative volume of water injected for storage in the receiving geologic formation can be successfully recovered from the geologic formation for beneficial use, taking into account that injected water may be commingled to some degree with native groundwater;
(3)  the effect of the aquifer storage and recovery project on existing water wells; and
(4)  whether the introduction of water into the receiving geologic formation will alter the physical, chemical, or biological quality of the native groundwater to a degree that would:
(A)  render the groundwater produced from the receiving geologic formation harmful or detrimental to people, animals, vegetation, or property; or
(B)  require an unreasonably higher level of treatment of the groundwater produced from the receiving geologic formation than is necessary for the native groundwater in order to render the groundwater suitable for beneficial use.
(c)  All wells associated with a single aquifer storage and recovery project must be located within a continuous perimeter boundary of one parcel of land, or two or more adjacent parcels of land under common ownership, lease, joint operating agreement, or contract.
(d)  The commission by rule shall provide for public notice and comment on a proposed general permit authorized under this section. The commission shall require an applicant for an individual permit authorized under this section to provide notice of the application by first class mail to any groundwater conservation district in which the wells associated with the aquifer storage and recovery project will be located and by publishing notice in a newspaper of general circulation in the county in which the wells will be located.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter G. Aquifer Storage and Recovery Projects › Section 27.154. Technical Standards

Sec. 27.154.  TECHNICAL STANDARDS.  (a) The commission shall adopt technical standards governing the approval of the use of a Class V injection well as an ASR injection well.
(b)  This subsection applies only to an aquifer storage and recovery project proposed to be located in a groundwater conservation district or other special-purpose district with the authority to regulate the withdrawal of groundwater. Except as otherwise provided by this section, the commission shall limit the volume of water that may be recovered by an aquifer storage and recovery project to an amount that does not exceed the amount of water injected under the project. If the commission determines that the proposed injection of water into a geologic formation will result in a loss of injected water or native groundwater, the commission shall impose additional restrictions on the amount of water that may be recovered to account for the loss. The commission may not deny a permit based on a determination that a loss described by this subsection will occur. A limitation imposed under this subsection may not prohibit the production of native groundwater by an aquifer storage and recovery project if the production complies with Subchapter N, Chapter 36.
(c)  The commission by rule shall prescribe construction and completion standards and metering and reporting requirements for ASR injection wells and ASR recovery wells, including for an ASR injection well that also serves as an ASR recovery well.
(d)  The commission may not adopt or enforce groundwater quality protection standards for the quality of water injected into an ASR injection well that are more stringent than applicable federal standards.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter G. Aquifer Storage and Recovery Projects › Section 27.155. Reporting of Injection and Recovery Volumes

Sec. 27.155.  REPORTING OF INJECTION AND RECOVERY VOLUMES.  (a) A project operator shall install a meter on each ASR injection well and ASR recovery well associated with the aquifer storage and recovery project.
(b)  Each calendar month, the project operator shall provide to the commission a written or electronic report showing for the preceding calendar month the volume of water:
(1)  injected for storage; and
(2)  recovered for beneficial use.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter G. Aquifer Storage and Recovery Projects › Section 27.156. Reporting of Water Quality Data

Sec. 27.156.  REPORTING OF WATER QUALITY DATA.  A project operator shall:
(1)  perform water quality testing annually on water to be injected into a geologic formation and water recovered from a geologic formation as part of the aquifer storage and recovery project; and
(2)  provide the results of the testing described by Subdivision (1) in written or electronic form to the commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter G. Aquifer Storage and Recovery Projects › Section 27.157. Other Laws Not Affected

Sec. 27.157.  OTHER LAWS NOT AFFECTED. (a) This subchapter does not affect the ability to regulate an aquifer storage and recovery project as authorized under:
(1)  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for the Edwards Aquifer Authority;
(2)  Chapter 8801, Special District Local Laws Code, for the Harris-Galveston Subsidence District;
(3)  Chapter 8834, Special District Local Laws Code, for the Fort Bend Subsidence District;
(4)  Chapter 8802, Special District Local Laws Code, for the Barton Springs-Edwards Aquifer Conservation District; or
(5)  Chapter 8811, Special District Local Laws Code, for the Corpus Christi Aquifer Storage and Recovery Conservation District.
(b)  This subchapter does not affect the authority of the commission regarding:
(1)  recharge projects in certain portions of the Edwards underground reservoir under Sections 11.023(c) and (d); or
(2)  injection wells that transect or terminate in certain portions of the Edwards Aquifer under Section 27.0516.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter H. Aquifer Recharge Projects › Section 27.201. Definitions

Sec. 27.201.  DEFINITIONS.  In this subchapter:
(1)  "Aquifer recharge project" means a project involving the intentional recharge of an aquifer by means of an injection well authorized under this chapter or other means of infiltration, including actions designed to:
(A)  reduce declines in the water level of the aquifer;
(B)  supplement the quantity of groundwater available;
(C)  improve water quality in an aquifer;
(D)  improve spring flows and other interactions between groundwater and surface water; or
(E)  mitigate subsidence.
(1-a)  "Fluid oil and gas waste" has the meaning assigned by Section 122.001, Natural Resources Code.
(2)  "Native groundwater" means the groundwater naturally occurring in a geologic formation.
(3)  "Project operator" means a person holding an authorization under this subchapter to undertake an aquifer recharge project.
(4)  "Recharge injection well" means a Class V injection well used for the injection of water into a geologic formation for an aquifer recharge project, including an improved sinkhole or cave connected to an aquifer.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 3, eff. June 10, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1019 (H.B. 4856), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter H. Aquifer Recharge Projects › Section 27.202. Jurisdiction

Sec. 27.202.  JURISDICTION.  (a)  The commission has exclusive jurisdiction over the regulation and permitting of recharge injection wells, including recharge injection wells used for the injection of fluid oil and gas waste.
(b)  A recharge injection well may not be used for the injection of fluid oil and gas waste unless the waste has been treated to meet the standards adopted by the commission under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 3, eff. June 10, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1019 (H.B. 4856), Sec. 2, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter H. Aquifer Recharge Projects › Section 27.203. Authorization for Use of Class v Injection Wells

Sec. 27.203.  AUTHORIZATION FOR USE OF CLASS V INJECTION WELLS.  (a) The commission may authorize the use of a Class V injection well as a recharge injection well:
(1)  by rule;
(2)  under an individual permit; or
(3)  under a general permit.
(b)  In adopting a rule or issuing a permit under this section, the commission shall consider:
(1)  whether the injection of water will comply with the standards established by the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.);
(2)  the effect of the aquifer recharge project on existing water wells; and
(3)  whether the introduction of water into the receiving geologic formation will alter the physical, chemical, or biological quality of the native groundwater to a degree that would:
(A)  render the groundwater produced from the receiving geologic formation harmful or detrimental to people, animals, vegetation, or property; or
(B)  require an unreasonably higher level of treatment of the groundwater produced from the receiving geologic formation than is necessary for the native groundwater to render the groundwater suitable for beneficial use.
(c)  The commission by rule shall provide for public notice and comment on a proposed general permit authorized under this section. The commission shall require an applicant for an individual permit authorized under this section to provide notice of the application by first class mail to any groundwater conservation district in which the wells associated with the aquifer recharge project will be located and by publishing notice in a newspaper of general circulation in the county in which the wells will be located.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter H. Aquifer Recharge Projects › Section 27.204. Technical Standards

Sec. 27.204.  TECHNICAL STANDARDS.  (a) The commission shall adopt technical standards governing the approval of the use of a Class V injection well as a recharge injection well.
(b)  The commission may not adopt or enforce groundwater quality protection standards for the quality of water injected into a recharge injection well that are more stringent than applicable federal standards.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter H. Aquifer Recharge Projects › Section 27.205. Reporting of Injection Volumes

Sec. 27.205.  REPORTING OF INJECTION VOLUMES.  (a)  A project operator shall install a meter on each recharge injection well associated with the aquifer recharge project.
(b)  Each calendar year, the project operator shall provide to the commission a written or electronic report showing for the preceding calendar year the volume of water injected for recharge.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter H. Aquifer Recharge Projects › Section 27.206. Reporting of Water Quality Data

Sec. 27.206.  REPORTING OF WATER QUALITY DATA.  A project operator shall:
(1)  perform water quality testing annually on water to be injected into a geologic formation as part of the aquifer recharge project; and
(2)  provide the results of the testing described by Subdivision (1) in written or electronic form to the commission.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter H. Aquifer Recharge Projects › Section 27.207. Other Laws Not Affected

Sec. 27.207.  OTHER LAWS NOT AFFECTED. (a) This subchapter does not affect the ability to regulate an aquifer recharge project as authorized under:
(1)  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for the Edwards Aquifer Authority;
(2)  Chapter 8801, Special District Local Laws Code, for the Harris-Galveston Subsidence District;
(3)  Chapter 8834, Special District Local Laws Code, for the Fort Bend Subsidence District;
(4)  Chapter 8802, Special District Local Laws Code, for the Barton Springs-Edwards Aquifer Conservation District; or
(5)  Chapter 8811, Special District Local Laws Code, for the Corpus Christi Aquifer Storage and Recovery Conservation District.
(b)  This subchapter does not affect the authority of the commission regarding:
(1)  recharge projects in certain portions of the Edwards underground reservoir under Sections 11.023(c) and (d);
(2)  injection wells that transect or terminate in certain portions of the Edwards Aquifer under Section 27.0516; or
(3)  aquifer storage and recovery projects under Section 11.155 or Subchapter G of this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter A. General Provisions › Section 28.001. Definitions

Sec. 28.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Natural Resource Conservation Commission.
(2)  "Executive Director" means the executive director of the Texas Natural Resource Conservation Commission.
(3)  "Shaft" means any vertically oriented excavation, whether constructed by drilling or mining techniques, where the depth of the excavation is greater than its diameter, the excavation penetrates into or through the base of the uppermost water-bearing strata, and the primary purpose of the excavation is the transport of workers and materials to and from a destination, at depth, for purposes of geological studies, access to existing and planned subsurface mine workings, or for ventilation of those workings.
(4)  "Water" or "water in the state" means groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of natural and artificial surface water that is inland or coastal, fresh or salt, and navigable or nonnavigable, and includes the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
(5)  "Surface facilities" means the on-site above-ground appurtenances, structures, equipment, and other fixtures that are or will be used for storage or processing or in conjunction with the shaft operation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983;  Acts 1985, 69th Leg., ch. 795, Sec. 1.122, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.301, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter B. Water Wells › Section 28.011. Underground Water: Regulations

Sec. 28.011.  UNDERGROUND WATER:  REGULATIONS.  Except as otherwise provided by this code, the commission may make and enforce rules and regulations for protecting and preserving the quality of underground water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 28.002 by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.123, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 914, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter B. Water Wells › Section 28.012. Certain Wells to Be Plugged or Cased

Sec. 28.012.  CERTAIN WELLS TO BE PLUGGED OR CASED.  The owner of a water well which encounters salt water or water containing mineral or other substances injurious to vegetation or agriculture shall securely plug or case the well in a manner that will effectively prevent the water from escaping from the stratum in which it is found into another water-bearing stratum or onto the surface of the ground.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 28.003 by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.021. Permit From Commission

Sec. 28.021.  PERMIT FROM COMMISSION.  No person desiring to drill, excavate, or otherwise construct a shaft as defined in this chapter may commence construction without first obtaining a permit for such work from the commission.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.022. Application for Permit

Sec. 28.022.  APPLICATION FOR PERMIT.  The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.123, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.023. Information Required of Applicant

Sec. 28.023.  INFORMATION REQUIRED OF APPLICANT.  An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.123, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.024. Application Fee

Sec. 28.024.  APPLICATION FEE.  With each application for a shaft permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to the commission for processing the application.  The fee may not be less than $10,000.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.123, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.025. Letter From Railroad Commission

Sec. 28.025.  LETTER FROM RAILROAD COMMISSION.  A person making application to the commission for a shaft permit shall submit with the application a letter from the railroad commission stating that such shaft construction will not endanger or injure any oil or gas formation or significantly limit the potential for future recovery of or exploration for oil or gas.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.123, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.026. Inspection of Shaft Location

Sec. 28.026.  INSPECTION OF SHAFT LOCATION.  On receiving an application for a permit, the executive director shall have an inspection made of the location of the proposed shaft to determine the local conditions and probable effect of the shaft on water in the state and shall determine the requirements for setting of casing, liners, and seals as provided in Sections 28.030, 28.036, and 28.037 of this chapter.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.027. Recommendations From Other Agencies

Sec. 28.027.  RECOMMENDATIONS FROM OTHER AGENCIES.  The executive director shall submit to such state agencies and other persons that the commission may designate copies of every application received in proper form.  These agencies, persons, and divisions may make recommendations to the commission concerning any aspect of the application and shall have reasonable time to do so as the commission may prescribe.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.123, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.028. Hearing on Permit Application

Sec. 28.028.  HEARING ON PERMIT APPLICATION.  (a)  The commission shall hold an adjudicatory hearing on the application.
(b)  The commission by rule shall provide for giving notice of a public hearing on a permit application.  The rules for notice shall include provisions for giving notice to local governments and interested persons.
(c)  The hearing required in Subsection (a) of this section shall be conducted in accordance with rules for contested cases under Chapter 2001, Government Code.  Any person, corporation, partnership, association, local government, government agency, or other entity shall be allowed to participate in a hearing as a party under this section upon a showing of sufficient interest or of an ability to contribute to the resolution of relevant issues.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.124, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(63), eff. Sept. 1, 1995.