(a) The agency will identify and designate local or regional brackish groundwater production zones in areas of the state with moderate to high availability and productivity of brackish groundwater that can be used to reduce the use of fresh groundwater and that:
  (1) are separated by hydrogeologic barriers sufficient to prevent significant impacts to water availability or water quality in any area of the same or other aquifers, subdivisions of aquifers, or geologic strata that have an average total dissolved solids level of 1,000 milligrams per liter or less at the time of designation of the zones; and
  (2) are not located in:
    (A) an area of the Edwards Aquifer subject to the jurisdiction of the Edwards Aquifer Authority;
    (B) the boundaries of the:
      (i) Barton Springs-Edwards Aquifer Conservation District;
      (ii) Harris-Galveston Subsidence District; or
      (iii) Fort Bend Subsidence District;
    (C) an aquifer, subdivision of an aquifer, or geologic stratum that:
      (i) has an average total dissolved solids level of more than 1,000 milligrams per liter; and
      (ii) is serving as a significant source of water supply for municipal, domestic, or agricultural purposes at the time of designation of the zones; or
    (D) an area of a geologic stratum that is designated or used for wastewater injection through the use of injection wells or disposal wells permitted under Texas Water Code Chapter 27.
(b) In designating a brackish groundwater production zone under this section, the agency shall:
  (1) determine the amount of brackish groundwater that the zone is capable of producing over a 30-year period and a 50-year period without causing a significant impact to water availability or water quality as described by subsection (a)(1) of this section; and
  (2) include in the designation description:
    (A) the amounts of brackish groundwater that the zone is capable of producing during the periods described by paragraph (1) of this subsection; and
    (B) recommendations regarding reasonable monitoring to observe the effects of brackish groundwater production within the zone; and
  (3) work with groundwater conservation districts and stakeholders and consider the Brackish Groundwater Manual for Texas Regional Water Planning Groups, and any updates to the manual, and other relevant scientific data or findings.
(c) Areas of the state that are not designated as brackish groundwater production zones are not precluded from development of brackish groundwater or from future designation of zones.
(d) The Agency may amend a designated brackish groundwater production zone upon its own initiative or upon request by a groundwater conservation district and will publish guidance discussing the timing for considering amendments. The Agency will provide notice of the intent to amend brackish groundwater production zone with proposed changes to any groundwater conservation district within the applicable brackish groundwater production zone and to any entity that requested the amendment. A request from a groundwater conservation district must be in a form and substance acceptable to the Executive Administrator and include a justification and documentation supporting the requested amendment.

Source Note: The provisions of this §356.70 adopted to be effective February 11, 2021, 46 TexReg 931