The railroad commission controls brine mining, can issue related permits, and may require permits before drilling certain injection wells.
Sec. 27.036. JURISDICTION OVER BRINE MINING. (a) In this section: (1) "Brine mining" means the production of brine, including naturally occurring brine and brine extracted by the solution of a subsurface salt formation, for the purpose of extracting from a subsurface formation elements, salts, or other useful substances, not including: (A) oil, gas, or any product of oil or gas as defined by Section 85.001, Natural Resources Code; or (B) fluid oil and gas waste, as defined by Section 122.001, Natural Resources Code. (2) "Class V brine injection well" means a well that injects spent, naturally occurring brine produced by a brine mining operation into the same formation from which it was withdrawn after extraction of elements, salts, or other useful substances, including halogens or halogen salts. (b) The railroad commission has jurisdiction over brine mining and may issue permits for brine production wells and injection wells used for brine mining. (c) A person may not begin to drill an injection well to be used for brine mining unless that person has a valid permit for the well issued by the railroad commission under this chapter. (d) The railroad commission shall adopt rules that are necessary to administer and regulate brine mining. (e) For purposes of regulation by the railroad commission, an injection well for brine mining of brine extracted by the solution of a subsurface salt formation is designated as a Class III well under the underground injection control program administered by the railroad commission. (f) For purposes of regulation by the railroad commission, a Class V brine injection well is designated as a Class V well under the underground injection control program administered by the railroad commission. (g) If rules or regulations adopted to govern Class V brine injection wells under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program, the railroad commission shall seek primacy to administer and enforce the program for Class V brine injection wells in this state. (h) On delegation to the railroad commission of primary enforcement authority in this state over Class V brine injection wells, a person may not begin to drill a Class V brine injection well unless that person has a valid permit for the well issued by the railroad commission under this chapter. Added by Acts 1985, 69th Leg., ch. 921, Sec. 2, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 977, Sec. 32, eff. June 19, 1987. Amended by: Acts 2023, 88th Leg., R.S., Ch. 251 (S.B. 1186), Sec. 1, eff. May 27, 2023.