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.