Frequently Asked Questions
Frequently Asked Questions
- What is the salinity range of groundwater in a designated BGPZ?
- Can BGPZs be designated in very saline groundwater (10,000 to 35,000 mg/L TDS)?
- Can I develop a brackish groundwater source outside of a BGPZ?
- Is a BGPZ’s production volume separate from the MAG volume?
- What is House Bill 722?
- Does House Bill 722 expedite the permitting of brackish wells inside of a BGPZ?
- What are the benefits of having a designated BGPZ in my groundwater conservation district (GCD)?
- Does the permitting process for brackish groundwater apply to a GCD without a BGPZ?
- Can a BGPZ be amended?
- Would a brackish groundwater permit application for a location outside of a BGPZ that is currently being amended be placed on hold while the BGPZ is amended?
- What kinds of projects are eligible for a permit from a groundwater conservation district in a BGPZ?
- If a BGPZ is designated in an area without a GCD, would a GCD need to be created as a result?
- Are BGPZs limited to zones hydrologically isolated from other zones of the associated aquifer?
- Will production from BGPZs impact other zones of the associated aquifer?
- Will production from BGPZs result in increased salinity to any zone of aquifer?
- Will production from BGPZs contribute to subsidence?
Answers to Frequently Asked Questions
(1) What is the salinity range of groundwater in a designated BGPZ?
Between 1,000 and 9,999 milligrams per liter (mg/L) total dissolved solids concentrations.
(2) Can BGPZs be designated in very saline groundwater zones (10,000 to 35,000 mg/L TDS)?
No. The TWDB considers slightly to moderately saline groundwater to be brackish groundwater. Therefore, BGPZs are only designated in brackish portions of aquifers.
(3) Can I develop a brackish groundwater source outside of a BGPZ?
Yes. While brackish groundwater production is not limited to the area of a designated BGPZ, statute requires the TWDB to designate BGPZs in areas of the state with high potential for long-term brackish groundwater production and the lowest risk of adverse impacts. Groundwater withdrawals and well permitting are subject to groundwater conservation district rules, where applicable.
(4) Is a BGPZ’s production volume separate from the MAG volume?
Yes. Texas Water Code § 36.1015(l) states that groundwater conservation district rules regarding permits within a BPGZ must provide that the production authorized from a designated BGPZ is in addition to, or separate from, the amount of modeled available groundwater.
(5) What is House Bill 722?
House Bill 722 (86th Texas Legislature) is codified in Texas Water Code § 36.1015. The provisions of Texas Water Code § 36.1015 provide a common framework for permitting and regulatory certainty for those pursuing a brackish groundwater project within a designated zone.
(6) Does House Bill 722 expedite the permitting of brackish wells inside of a BGPZ?
Texas Water Code § 36.1015(e)(7) states that groundwater conservation district rules adopted for brackish groundwater withdrawal from a BGPZ must provide greater access to brackish groundwater by simplifying procedure, avoiding delay in permitting, saving expense for the permit seeker, and providing flexibility to permit applicants and the district.
(7) What are the benefits of having a designated BGPZ in my groundwater conservation district (GCD)?
BGPZs are areas designated by the TWDB as areas with high potential for long-term brackish groundwater production with the lowest risk of adverse impacts. The data, analysis, and technical information provided through TWDB BRACS studies and BGPZ designations provide valuable resources to stakeholders, including GCDs and potential brackish groundwater development project sponsors. The TWDB also provides a technical review of and report on permit applications to GCD. Groundwater conservation district (GCD) rules adopted for brackish groundwater withdrawal from a BGPZ must provide greater access to brackish groundwater by simplifying procedures, avoiding delays in permitting, saving expense for the permit seeker, and providing flexibility to permit applicants and the district (Texas Water Code § 36.1015(e)(7)). These rules provide a common framework for permitting and regulatory certainty for those pursuing a brackish groundwater project within a designated zone.
(8) Does the permitting process for brackish groundwater apply to a GCD without a BGPZ?
A GCD located over any part of a designated BGPZ may adopt rules for permits within the BPGZ. Texas Water Code Chapter 36 allows districts to make and enforce rules for aquifers under their jurisdiction, which may include brackish parts of those aquifers. The permitting process described in Texas Water Code § 36.1015 provides a common permitting framework for BGPZs with which all GCDs must comply.
(9) Can a BGPZ be amended?
Yes. See the BGPZ Amended guidance document for details.
(10) Would a brackish groundwater permit application for a location outside of a BGPZ that is currently being amended be placed on hold while the BGPZ is amended?
A decision made in this scenario would be at the groundwater conservation district’s discretion.
(11) What kinds of projects are eligible for a permit from a groundwater conservation district in a BGPZ?
Groundwater conservation district rules for permits in a BGPZ apply only to a permit for a municipal project designed to treat brackish groundwater to drinking water standards or for an electric generation project.
(12) If a BGPZ is designated in an area without a GCD, would a GCD need to be created as a result?
There is no requirement that a groundwater conservation district must be created in an area with a designated BGPZ.
(13) Are BGPZs limited to zones hydrologically isolated from other zones of the associated aquifer?
(14) Will production from BGPZs impact other zones of the associated aquifer?
(15) Will production from BGPZs result in increased salinity to any zone of aquifer?
The TWDB designates BGPZs in parts of aquifers that 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 concentration of 1,000 milligrams per liter or less at the time of zone designation.
The potential for impact due to brackish groundwater production is addressed in Texas Water Code § 36.1015, which states that the rules adopted under this section must require implementation of a monitoring system recommended by the TWDB to monitor water levels and water quality in the same or an adjacent aquifer, subdivision of an aquifer, or geologic stratum in which the designated BGPZ is located.
(16) Will production from BGPZs contribute to subsidence?
Subsidence is the lowering in elevation of the land surface caused by groundwater production. For a project located in a designated BGPZ in the Gulf Coast Aquifer, groundwater conservation district rules adopted for BGPZs must require reasonable monitoring of land elevations by the district to determine if production from the project is causing or is likely to cause subsidence during the permit term.