(GP/GT) for Additional Water Supply in the Lower Rio Grande

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Regulatory And Permitting Procedures For Class n Wells
All applications for Class II wells come to the UIC section where they are evaluated and
processed. If a hearing Is requested or required. the UlC Section requests that a hearing be
scheduled: the Commission provides notice to all Interested persons. After the hearing. the
examiner recommends final action by the CommisSioners who decide If the permit should
be Issued. If no protests or complaints are received on an application. the Director of
Underground Injection Control may administratively approve the application.
Conditions Generally Applicable
Under Rules 9. 46. and 74 of the Statewide Rules. operators of Injection and disposal wells
associated with 011 and gas exploration. drUllng. production. transportation. or
underground storage must obtain apermlt from the Commission. Thus. all Class II wells In
Texas must be approved by the CommisSion before Injection operations can legally begin.
Pursuant to Rules 9. 46. and 74. and the applicable application forms. such pennlts will only
be approved If the applicant satisfies his burden of showing that all reasonable efforts have
been made to assure the protection of fresh water.
An applicant for a Class II well is reqUired to certlfy that he Is authorized to submit the
application on behalf of the operator and that the information provided Is true and correct,
under penal ties prescribed In §91.143 of the Texas Natural Resources Code. Commission
forms also req ulre the appllcan t to state his tI tie and give the operator's name. address. and
operator number. The operator number Is prescribed after the Organization Report (Form
P-5) Is flled. The Organization Report Is the Initial and principal Instrument required of
organizations doing bUSiness before the CommiSSion. It requires the operator to specify the
lature of his business and the names and addresses of the corporate officers and partners.
as well as other pertinent information.
Once a permit Is granted. the operator Is bound by all appUcable Commission rules and
permit conditions by virtue of accepting the right to operate pursuant to the conditional
permit. It Is necessary to examine permit conditions. as well as Statewide Rules. In order to
ascertain what actions are necessary for compllance. Further. the statutes provide that the
CommiSSion may include other permit conditions to protect fresh water from pollution.
Transfer and Modification of Permit
A Class II permit may be transferred only after notice to the Commission. Written notice of
Intent to transfer the permit must be submitted to the Commission by filing Form P-4 at
least 15 days prior to the date the operator plans for the transfer to occur. Pennlt transfer
wUl not occur until the Form P-4 has been approved by the Commission. A Class II pennlt
may be terminated. revoked. or modified for just cause such as a substantial change in well
operation. pollution of fresh water. substantial violations of the permit conditions or rules.
misrepresentation. or other evidence Indicating that Injected fluids are escaping from the
au thorized zone. Notice and opportunl ty for hearing are provided In the same manner as In
the initial permit process.
Project Permits
Project permits maybe granted for fluid Injection operations for the enhanced recovery of
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