Tex. Water Code 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 oil, before a permit for the well may be granted, the railroad commission shall require the applicant for the permit to provide written information relating to the material that the applicant plans to inject into the well for enhanced recovery purposes and to other material available to the applicant that might be used to inject into the well for enhanced recovery and shall make the determination required by Subsection (c) of this section.

(b)

At the time the railroad commission receives an application under Subsection (a) of this section, it shall give notice to the commission that an application covered by this section is being considered and shall supply the commission with a copy of the application and a request for commission comment on the application. On receiving the information requested under Subsection (a) of this section, the railroad commission shall notify the commission that the information has been received and make the information available for the commission’s inspection. The commission shall examine the application and information. Before the railroad commission considers the application, the commission shall submit to the railroad commission written comments regarding the use of fresh water under the permit and any problems that the commission anticipates will result from the use of fresh water under the permit. However, if the commission does not submit its written comments within 30 days after the request, the railroad commission may consider the application without the commission comments.

(c)

On receiving the information required by Subsection (a) of this section, the railroad commission shall consider the information at the same time it considers whether or not to grant the permit, and if the applicant proposes to inject fresh water into the injection well for enhanced recovery, the railroad commission shall consider whether or not there is some other solid, liquid, or gaseous substance that is available to the applicant and that is economically and technically feasible for the applicant to use for enhanced recovery purposes.

(d)

If the railroad commission finds that there is a solid, liquid, or gaseous substance other than fresh water available and economically and technically feasible for use in enhanced recovery under the permit, the railroad commission shall include as a condition of the permit, if granted, that the permittee use the other substance found to be available and economically and technically feasible and that the applicant not use fresh water or that the applicant use fresh water only to the extent specifically stated in the permit.

(e)

This section does not apply to injection well permits that are in effect on September 1, 1983. If fresh water is being injected into an injection well in an enhanced recovery program that is in effect on September 1, 1983, and after that time, another substance or material is used for injection for a period of time, the injection well permit is not canceled, and a new permit under this chapter is not required if the operator plans at a later date to resume the use of fresh water for injection in that enhanced recovery program.

(f)

Injection well permits for wells that are used for enhanced recovery remain in force until canceled by the railroad commission.

(g)

Except as provided by Subsection (h), a person may not continue utilizing or begin utilizing industrial or municipal waste as an injection fluid for enhanced recovery purposes without first obtaining a permit from the commission.

(h)

The railroad commission may authorize a person to utilize nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals as an injection fluid for enhanced recovery purposes without first obtaining a permit from the commission. The use or disposal of radioactive material under this subsection is subject to the applicable requirements of Chapter 401 (Radioactive Materials and Other Sources of Radiation), Health and Safety Code.
Added by Acts 1983, 68th Leg., p. 5392, ch. 996, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.118, 5.006, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 901 (H.B. 2654), Sec. 4, eff. September 1, 2007.

Source: Section 27.0511 — Conditions of Certain Permits, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­27.­htm#27.­0511 (accessed May 11, 2024).

27.001
Short Title 27.002
Definitions 27.003
Policy and Purpose 27.011
Permit from Commission 27.012
Application for Permit 27.013
Information Required of Applicant 27.014
Application Fee 27.015
Letter from Railroad Commission 27.016
Inspection of Well Location 27.017
Recommendations from Other Entities 27.018
Hearing on Permit Application 27.019
Rules, Etc 27.020
Mining of Sulfur 27.021
Permit for Disposal of Brine from Desalination Operations or of Drinking Water Treatment Residuals in Class I Injection Wells 27.023
Jurisdiction over in Situ Uranium Application Development and Operations 27.024
Sharing of Geologic, Hydrologic, and Water Quality Data 27.025
General Permit Authorizing Use of Class I Injection Well to Inject Nonhazardous Brine from Desalination Operations or Nonhazardous Drinking Water Treatment Residuals 27.026
Dual Authorization of Injection Wells to Inject Nonhazardous Brine from Desalination Operations or Nonhazardous Drinking Water Treatment Residuals 27.031
Permit from Railroad Commission 27.032
Information Required of Applicant 27.033
Letter of Determination 27.034
Railroad Commission Rules, Etc 27.035
Jurisdiction over in Situ Recovery of Tar Sands 27.036
Jurisdiction over Brine Mining 27.037
Jurisdiction over Closed-loop Geothermal Injection Wells 27.040
Definition 27.041
Jurisdiction 27.042
Applicability 27.043
Permit from Railroad Commission 27.044
Information Required of Applicant 27.045
Fees 27.046
Letter of Determination from Railroad Commission 27.047
Rules 27.048
Consistency with and Implementation of Federal Requirements 27.049
Memorandum of Understanding 27.050
Financial Responsibility 27.051
Issuance of Permit 27.052
Copies of Permit 27.053
Record of Strata 27.054
Electric or Drilling Log 27.055
Casing Requirements 27.056
Factors in Setting Casing Depth 27.071
Power to Enter Property 27.072
Power to Examine Records 27.073
Financial Responsibility 27.101
Civil Penalty 27.102
Injunction, Etc 27.103
Procedure 27.104
Effect of Permit on Civil Liability 27.105
Criminal Fines 27.151
Definitions 27.152
Jurisdiction 27.153
Authorization for Use of Class V Injection Wells 27.154
Technical Standards 27.155
Reporting of Injection and Recovery Volumes 27.156
Reporting of Water Quality Data 27.157
Other Laws Not Affected 27.201
Definitions 27.202
Jurisdiction 27.203
Authorization for Use of Class V Injection Wells 27.204
Technical Standards 27.205
Reporting of Injection Volumes 27.206
Reporting of Water Quality Data 27.207
Other Laws Not Affected 27.0321
Application Fee 27.0461
Letter of Determination from Commission 27.0511
Conditions of Certain Permits 27.0513
Area Permits and Production Areas for Uranium Mining 27.0515
Facilities Required to Obtain Federal Approval 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 27.1011
Administrative Penalty 27.1012
Penalty Assessment Procedure 27.1013
Payment of Penalty 27.1014
Recovery of Penalty
Green check means up to date. Up to date

Accessed:
May 11, 2024

§ 27.0511’s source at texas​.gov