The Wise Report
Henry M. Wise, P.G.
November 8, 2025
The Texas Commission on Environmental Quality (TCEQ) proposes amendments to §§331.19, 331.107, and 331.108. This rulemaking implements Senate Bill (SB) 616 and SB 1061, 89th Texas Legislature, Regular Session, 2025, relating to certain injection wells transecting the Edwards Aquifer used for aquifer storage and recovery (ASR) projects and Class III production area authorizations (PAAs). SB 616 allows for additional exceptions to prohibitions on drilling into or through the Edwards Aquifer. SB 1061 allows for amendments to Class III PAAs to be uncontested matters if certain conditions are met and requires the commission to prioritize conservation of regional groundwater supplies when considering amendment to restoration table values.
The proposed rulemaking implements SB 616 by amending the commission's underground injection control rules to allow authorization of certain types of injection wells that transect or terminate in the Edwards Aquifer, either by permit or by rule, and to allow for authorization of an ASR injection well that transects the Edwards Aquifer as long as the geologic formation used for injection underlies the Edwards Aquifer and the injection well would be located in either the area of Williamson County east of Interstate Highway 35 or in Medina County. The proposed rulemaking implements SB 1061 by amending the commission's underground injection control rules to allow for amendment to an in-situ uranium mining PAA to be an uncontested matter if certain conditions are met and requiring the commission to prioritize the conservation of regional groundwater water supplies when reviewing an application to amend a restoration table value.
A PAA is an authorization, issued under the terms of a Class III injection well area permit for uranium mining, that approves the initiation of mining activities in a specified production area within a permit area, and sets specific conditions for production and restoration in each production area within an area permit. Because the SB 1061 revisions to Texas Water Code (TWC), §27.0513(d) now include amendment applications for PAAs and all of the applicability provisions applying under paragraphs (d)(1)-(4), all applications for PAAs would be uncontested matters and not subject to an opportunity for contested case hearing. Applications for PAAs are still subject to public notice requirements and opportunity to submit public comment.
For more information go to: https://www.sos.state.tx.us/texreg/archive/November72025/Proposed%20Rules/30.ENVIRONMENTAL%20QUALITY.html#49
Henry M. Wise, P.G.
The Wise Report
11/8/2025