(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.
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