Texas Water Code Title 2, Chapter 27 - Injection Wells

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 27.001 - Short Title
  This chapter may be cited as the Injection Well Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1,...
• Texas Section 27.002 - Definitions
  In this chapter: (1) "Commission" means the Texas Commission on Environmental Quality. (2) "Executive director" means the executive director of the commission. (3) "Railroad commission"...

SUBCHAPTER B JURISDICTION OF COMMISSION

• Texas Section 27.003 - Policy And Purpose
  It is the policy of this state and the purpose of this chapter to maintain the quality of fresh water in the state to the...
• Texas Section 27.011 - Permit From Commission
  Unless the activity is subject to the jurisdiction of the railroad commission or authorized by a rule of the commission, no person may continue utilizing...
• Texas Section 27.012 - Application For Permit
  (a) The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge. (b) Applications for hazardous...
• Texas Section 27.013 - Information Required Of Applicant
  An applicant shall furnish any information the executive director considers necessary to discharge his duties under this chapter and the rules of the commission. Amended...
• Texas Section 27.014 - Application Fee
  With each application for a disposal well permit, the commission shall collect a fee in the amount provided by and under the terms of Section...
• Texas Section 27.015 - Letter From Railroad Commission
  (a) A person making application to the commission for a disposal well permit under this chapter shall submit with the application a letter from the...
• Texas Section 27.016 - Inspection Of Well Location
  On receiving an application for a permit, the executive director shall have an inspection made of the location of the proposed disposal well to determine...
• Texas Section 27.017 - Recommendations From Other Entities
  (a) The executive director shall submit to the Department of State Health Services and to other persons which the commission may designate copies of every...
• Texas Section 27.018 - Hearing On Permit Application
  (a) If it is considered necessary and in the public interest, the commission may hold a public hearing on the application. The commission shall hold...
• Texas Section 27.019 - Rules, Etc
  (a) The commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this chapter. (b) Copies of...
• Texas Section 27.020 - Mining Of Sulfur
  The commission is authorized to develop a regulatory program with respect to the injection of fluid associated with the mining of sulfur by the Frasch...
• Texas Section 27.021 - Permit For Disposal Of Brine From Desalination Operations Or Of Drinking Water Treatment Residuals In Class I Injection Wells
  (a) The commission may issue a permit to dispose of brine produced by a desalination operation or of drinking water treatment residuals in a Class...
• Texas Section 27.022 - Jurisdiction Over Carbon Dioxide Injection
  The commission has jurisdiction over the injection of carbon dioxide produced by a clean coal project, to the extent authorized by federal law, into a...
• Texas Section 27.023 - Jurisdiction Over In Situ Uranium Application Development And Operations
  (a) The commission has exclusive jurisdiction over and shall regulate wells used during the development of permit applications to obtain required premining geologic, hydrologic, and...
• Texas Section 27.024 - Sharing Of Geologic, Hydrologic, And Water Quality Data
  (a) After a person developing an application for an area permit for an area located in a groundwater conservation district has identified a permit boundary,...
• Texas Section 27.025 - General Permit Authorizing Use Of Class I Injection Well To Inject Nonhazardous Brine From Desalination Operations Or Nonhazardous Drinking Water Treatment Residuals
  (a) The commission may issue a general permit authorizing the use of a Class I injection well to inject nonhazardous brine from a desalination operation...

SUBCHAPTER C OIL AND GAS WASTE; INJECTION WELLS

• Texas Section 27.026 - Dual Authorization Of Injection Wells To Inject Nonhazardous Brine From Desalination Operations Or Nonhazardous Drinking Water Treatment Residuals
  (a) The commission may authorize by individual permit, by general permit, or by rule a Class V injection well for the injection of nonhazardous brine...
• Texas Section 27.031 - Permit From Railroad Commission
  No person may continue using a disposal well or begin drilling a disposal well or converting an existing well into a disposal well to dispose...
• Texas Section 27.032 - Information Required Of Applicant
  The railroad commission shall require an applicant to furnish any information the railroad commission considers necessary to discharge its duties under this chapter. Amended by...
• Texas Section 27.0321 - Application Fee
  (a) With each application for an oil and gas waste disposal well permit, the applicant shall submit to the railroad commission a nonrefundable fee of...
• Texas Section 27.033 - Letter Of Determination
  A person making application to the railroad commission for a permit under this chapter shall submit with the application a letter of determination from the...
• Texas Section 27.034 - Railroad Commission Rules, Etc
  (a) The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this chapter, including rules...
• Texas Section 27.035 - Jurisdiction Over In Situ Recovery Of Tar Sands
  (a) The railroad commission has jurisdiction over the in situ recovery of tar sands and may issue permits for injection wells used for the in...
• Texas Section 27.036 - Jurisdiction Over Brine Mining
  (a) The railroad commission has jurisdiction over brine mining and may issue permits for injection wells used for brine mining. (b) A person may not...

SUBCHAPTER C-1 GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE

• Texas Section 27.036 - Jurisdiction Over Brine Mining
  (a) The railroad commission has jurisdiction over brine mining and may issue permits for injection wells used for brine mining. (b) A person may not...
• Texas Section 27.041 - Jurisdiction
  (a) Except as provided by Subsection (b), the railroad commission has jurisdiction over the geologic storage of carbon dioxide in, and the injection of carbon...
• Texas Section 27.042 - Applicability
  This subchapter does not apply to the injection of fluid through the use of a Class II injection well as defined by 40 C.F.R. Section...
• Texas Section 27.043 - Permit From Railroad Commission
  A person may not begin drilling or operating an anthropogenic carbon dioxide injection well for geologic storage or constructing or operating a geologic storage facility...
• Texas Section 27.044 - Information Required Of Applicant
  The railroad commission shall require an applicant to provide any information the railroad commission considers necessary to discharge its duties under this subchapter. Added by...
• Texas Section 27.045 - Fees
  (a) The railroad commission may impose fees to cover the cost of: (1) permitting, monitoring, and inspecting anthropogenic carbon dioxide injection wells for geologic storage...
• Texas Section 27.046 - Letter Of Determination
  (a) The railroad commission may not issue a permit under rules adopted under this subchapter until the railroad commission issues to the applicant for the...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D ISSUANCE OF PERMITS: TERMS AND CONDITIONS

• Texas Section 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...
• Texas Section 27.051 - Issuance Of Permit
  (a) The commission may grant an application in whole or part and may issue the permit if it finds: (1) that the use or installation...
• Texas Section 27.0511 - Conditions Of Certain Permits
  (a) If the railroad commission receives an application for an injection well permit for a well that is to be used for enhanced recovery of...
• Texas Section 27.0513 - Area Permits And Production Areas For Uranium Mining
  (a) The commission may issue a permit pursuant to Section 27.011 that authorizes the construction and operation of two or more similar injection wells within...
• Texas Section 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...
• Texas Section 27.0516 - Permits For Injection Wells That Transect Or Terminate In Portion Of Edwards Aquifer Within External Boundaries Of Barton Springs-edwards Aquifer Conservation District
  (a) In this section: (1) "Edwards Aquifer" means that portion of an arcuate belt of porous, waterbearing limestones composed of the Edwards Formation, Georgetown Formation,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E GENERAL POWERS

• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F CIVIL AND CRIMINAL REMEDIES

• Texas Section 27.073 - Financial Responsibility
  (a) A person to whom an injection well permit is issued may be required by the commission or railroad commission to maintain a performance bond...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G AQUIFER STORAGE AND RECOVERY PROJECTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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),...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016