SB616

Regular Session

Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Commission on Environmental Quality (TCEQ)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: March 1, 2026 (Date by which TCEQ must adopt rules; practical permitting cannot commence until these rules are finalized).
Agency Rulemaking: TCEQ is legally mandated to adopt rules implementing Section 27.051(i) by March 1, 2026.
*Warning:* A "Regulatory Gap" exists between Sept 1, 2025, and March 1, 2026. While the law is effective, the technical standards for application approval will not exist. Do not file permit applications during this window; they will likely be stalled or returned.

Immediate Action Plan

Geographic Audit: Immediately verify if your land assets in Williamson County are East of I-35. If West, this law does not apply.
Insurance Review: Contact risk managers to renegotiate PLL policies to cover risks associated with drilling through a sole-source aquifer.
Monitor Rulemaking: Assign legal counsel to track TCEQ proposals starting September 2025. You must submit comments if proposed construction standards are technically unfeasible.
Pause Filing: Do not submit permit applications on September 1, 2025. Wait for the publication of the specific "Edwards Transection" technical guidance in early 2026.

Operational Changes Required

Contracts

Drilling MSAs: Update Master Service Agreements with drilling contractors to include strict indemnification clauses for "subsurface trespass" and "cross-contamination." If a contractor fails to properly cement the casing through the Edwards Aquifer, liability for remediation falls on the permit holder.
Force Majeure: Amend development contracts to account for regulatory delays. The timeline for rule adoption is statutory, but delays in technical guidance issuance are common.

Hiring/Training

Technical Expertise: Retain hydrogeological consultants specifically to design "Edwards-isolated" casing programs. Standard Class V injection well designs will be insufficient.
Legal Review: Engage environmental counsel to review Pollution Legal Liability (PLL) insurance policies. Ensure exclusions for "known aquifers" are removed or modified to cover authorized transection of the Edwards Aquifer.

Reporting & Record-Keeping

Stratigraphic Verification: Prepare to generate detailed logs proving the target formation is geologically distinct from and located below the Edwards Aquifer.
Mechanical Integrity Tests (MIT): Establish protocols for high-frequency MITs. You must prove continuous isolation of the Edwards Aquifer during the life of the well.
Monitoring Plans: Budget for the installation of monitoring wells within the Edwards Aquifer adjacent to the injection site to detect potential upward migration or casing leaks.

Fees & Costs

Project Costs: While state fees remain low, anticipate increased capital expenditure for dual-casing well designs and additional monitoring infrastructure required to satisfy the new non-contamination standards.

Strategic Ambiguities & Considerations

The statute authorizes "transection" but leaves the technical definition to TCEQ. During the rulemaking period (Sept 2025 – March 2026), businesses must watch for:

1. Casing Standards: Will TCEQ require dual or triple casing through the Edwards? This will determine the commercial viability of the project.
2. Monitoring Proximity: The rules will define how close monitoring wells must be. Excessive requirements could render small-footprint sites unusable.
3. Financial Assurance: TCEQ may require specific bonding amounts to cover potential remediation of the Edwards Aquifer, distinct from standard plugging bonds.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsWilliamson County Environment Environment--water Water Water--development Water--general Edwards Aquifer Injection Wells Permits Environmental Quality, Texas Commission On Medina County

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 616
89R3058 ANG-F	By: Schwertner
	Water, Agriculture and Rural Affairs
	2/18/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 616 addresses aquifer storage and recovery (ASR) projects in certain areas of the Edwards Aquifer. Under the rules of the Texas Commission on Environmental Quality (TCEQ), no waste injection wells can be authorized if the wells transect or terminate in the Edwards Aquifer in Williamson County. This prohibition unfortunately also applies to recently proposed ASR injection wells that would transect the Edwards Aquifer to inject treated surface water into deeper geologic formations underlying the Edwards Aquifer for purposes of providing much-needed water supplies to this high-growth area of the state. The purpose of this bill is to maintain the current prohibition on waste injection wells, while authorizing TCEQ to approve an ASR project that includes ASR injection wells that will transect the Edwards Aquifer in portions of Williamson County for injection of water into deeper geologic formations underlying the Edwards Aquifer.

As proposed, S.B. 616 amends current law relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Commission on Environmental Quality is modified in SECTION 1 (Section 27.051, Water Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 27.051(i), Water Code, as follows:

(i) Authorizes the Texas Commission on Environmental Quality (TCEQ), by rule or permit, to authorize certain actions, including an aquifer storage and recovery project that includes an ASR injection well, as defined under Section 27.151 (Definitions), that transects the Edwards Aquifer in the area of Williamson County east of Interstate Highway 35 for the injection of water into a geologic formation that underlies the Edwards Aquifer. Makes nonsubstantive changes.

SECTION 2. Requires TCEQ to adopt rules to implement Section 27.051(i), Water Code, as amended by this Act, not later than March 1, 2026.

SECTION 3. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Charles SchwertnerRepublican · Primary Author

Coauthors (1)

Sarah Eckhardt (D)

House Sponsor

Rep. Caroline Harris DavilaRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 616

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to aquifer storage and recovery projects that transect a
	portion of the Edwards Aquifer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 27.051(i), Water Code, is amended to
	read as follows:
	(i) For purposes of this subsection, "Edwards Aquifer" has
	the meaning assigned by Section 26.046(a). Except as otherwise
	provided by this subsection, the commission may not authorize by
	rule or permit an injection well that transects or terminates in the
	Edwards Aquifer. The commission by rule or permit may authorize:
	(1) injection of groundwater withdrawn from the
	Edwards Aquifer;
	(2) injections of storm water, flood water, or
	groundwater through improved sinkholes or caves located in karst
	topographic areas; [or]
	(3) injections of water made in accordance with
	Section 1.44(e)(3), Chapter 626, Acts of the 73rd Legislature,
	Regular Session, 1993; or
	(4) the injection of water into a geologic formation
	that underlies the Edwards Aquifer for an aquifer storage and
	recovery project that includes an ASR injection well, as defined
	under Section 27.151, that transects the Edwards Aquifer in:
	(A) the area of Williamson County east of
	Interstate Highway 35; or
	(B) Medina County.
	SECTION 2. Not later than March 1, 2026, the Texas
	Commission on Environmental Quality shall adopt rules to implement
	Section 27.051(i), Water Code, as amended by this Act.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


February 20, 2025

TO:	Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB616 by Schwertner (Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

582 Commission on Environmental Quality

LBB Staff:

JMc, FV, MW, AJL

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Frequently Asked Questions

Common questions about SB616

What does Texas SB616 do?

SB 616 creates a new, permissive statutory authority allowing Aquifer Storage and Recovery (ASR) injection wells to transect the Edwards Aquifer to reach underlying formations, strictly limited to Medina County and Williamson County (East of I-35). While this removes a previous prohibition, it introduces strict liability risks regarding aquifer isolation and is contingent upon forthcoming technical rules from the TCEQ. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: March 1, 2026 (Date by which TCEQ must adopt rules; practical permitting cannot commence until these rules are finalized).

Who authored SB616?

SB616 was authored by Texas Senator Charles Schwertner during the Regular Session.

When was SB616 signed into law?

SB616 was signed into law by Governor Greg Abbott on May 24, 2025.

Which agencies enforce SB616?

SB616 is enforced by Texas Commission on Environmental Quality (TCEQ).

How urgent is compliance with SB616?

The compliance urgency for SB616 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB616?

The cost impact of SB616 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB616 address?

SB616 addresses topics including williamson county, environment, environment--water, water and water--development.

Legislative data provided by LegiScanLast updated: November 25, 2025

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