Injection of water into an aquifer through a well bore for temporary storage and, subsequently, recovering the water through the same or an other well bore

Injection of water into an aquifer through a well bore for temporary storage and, subsequently, recovering the water through the same or an other well bore.

• Injection of water into an aquifer through a well bore for temporary storage and, subsequently, recovering the water through the same or an other well bore.

• Hybrid – using a settling basin to allow the water to percolate into the aquifer for temporary storage and, subsequently, recovering the water through a well bore.

30 TAC §297.1(5) Aquifer Storage and Retrieval Project - A project with two phases that anticipates the use of a Class V aquifer storage well, as defined in '331.2 of this title (relating to Definitions), for injection into a geologic formation, group of formations, or part of a formation that is capable of underground storage of appropriated surface water for subsequent retrieval and beneficial use. …

• 30 TAC §297.1(5) Aquifer Storage and Retrieval Project - A project with two phases that anticipates the use of a Class V aquifer storage well, as defined in '331.2 of this title (relating to Definitions), for injection into a geologic formation, group of formations, or part of a formation that is capable of underground storage of appropriated surface water for subsequent retrieval and beneficial use. …

30 TAC § 331.2(8) Aquifer storage well--A Class V injection well used for the injection of water into a geologic formation, group of formations, or part of a formation that is capable of underground storage of water for later retrieval and beneficial use.

• 30 TAC § 331.2(8) Aquifer storage well--A Class V injection well used for the injection of water into a geologic formation, group of formations, or part of a formation that is capable of underground storage of water for later retrieval and beneficial use.

“Intent” is the critical distinction between

• “Intent” is the critical distinction between

• Intent to “Store” vs. Intent to “Recharge”

• Storage contemplates plans to recover

• the injected water for beneficial use

• Recharge may or may not include plans

• to recover and beneficially use the water

Conservation

• Conservation

• New Reservoirs

• Groundwater

• Reuse

• Cloud Seeding

• Out of state importation

• Desalination

Late 1980s UGRA files for ASR “storage”

• Late 1980s UGRA files for ASR “storage”

• 1995 – Court of Appeals upholds UGRA permit

• 1995 – Legislature enacts HB 1989 codifying the use of ASR for surface water

Large conventional reservoir

• Large conventional reservoir

• Substantial impacts to Hill Country habitat

• Significant permitting & construction time

• Substantial cost - $35M (1990 dollars)

• ASR – 1 acre pad site

• ASR – minimal impact to habitat

• ASR – 5 years including court appeals

• ASR – $7M including court appeals

ASR storage incidental to beneficial use

• ASR storage incidental to beneficial use

• Change in character/Ownership issues do not effect beneficial use

• Inability to control water not an automatic flaw if recoverability can be shown

• City ordinance and well location helped

• Evidence demonstrated beneficial use possible

• Water is “fungible” – same molecule rule

Authorized surface water to be stored using ASR (Texas Water Code §§11.153-11.155)

• Authorized surface water to be stored using ASR (Texas Water Code §§11.153-11.155)

• Encouraged “pilot projects” around the state

• Required compliance with affected GCD

• Required cooperation with affected GCD

• Required any agreement with GCD to be incorporated into water rights permit

Surface water storage using ASR authorized

• Surface water storage using ASR authorized

• Groundwater storage using ASR authorized

• Either type storage requires:

• - UIC Compliance – Class V Injection

• Wells

• - GCD Compliance (where applicable)

Which set of “Water Laws” apply?

• Which set of “Water Laws” apply?

• - Surface Water – Chapter 11, Water Code
• - Groundwater – Chapter 36, Water Code
• - A combination of both

Ownership

• Ownership

• Rule of Capture

• Protection

• Rule of Capture/GCD Rules/Self-help

• Recoverability

• Waste/Economic Loss

• Liability

• Trespass/Pollution

State owned surface water requires a permit or an amendment:

• State owned surface water requires a permit or an amendment:

• - Regular Permit - §11.121

• - Seasonal Permit - §11.137

• - Temporary Permit - §11.138

• - Term Permit - §11.1381

• Ownership & Protection (condemnation power)

• Scalping/Over drafting Issues

GCD jurisdiction – comply with rules

• GCD jurisdiction – comply with rules

• Permits to produce
• Permits to inject
• Permits to recover
• Spacing
• Storage & % Recovery (“toll” provisions)
• Protection by GCD
• Ownership

Authorizes “scalping” permits

• Authorizes “scalping” permits

• Require GCDs to draft rules to enhance ASR development

• Ownership should be a non-issue

• Metering in and out key

• Paying the Piper – recharging the aquifer

• Alternative ASR implementation

• Hybrid forms – see El Paso
• Wastewater Reuse

ASR provides a water development opportunity that can maximize potential beneficial use, while minimizing

• ASR provides a water development opportunity that can maximize potential beneficial use, while minimizing

• (i) impacts to the environment

• (ii) evaporative losses

• (iii) time associated with project development

• (iv) cost associated with project development

Expand Chapter 11 beyond Pilot Projects

• Expand Chapter 11 beyond Pilot Projects

• Authorize waste water reuse ASR

• Amend Chapter 36 to recognize ASR

• Address Ownership/Protect issues