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


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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



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






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