Electro Purifications Application Background Overview of BSEACD - PowerPoint PPT Presentation

Electro Purification’s Application • Background • Overview of BSEACD Permitting Process (NEW) • Overview EP Application • Drawdown technical discussion • Potential for Unreasonable Impacts • Proposed Plans to Avoid and Mitigate Impacts • What will BSEACD do? • TESPA’s Concerns

Background • Formerly unregulated area of Trinity Aquifer • HB 3405 = BSEACD jurisdiction in June 2015 • BSEACD implemented new rules April 2016 • Special rules for “grandfathered” temporary permits (Needmore) • New rules for all other permits

BSEACD Permitting Process

BSEACD Permitting Process • Rule 3-1.4 Permit Application Requirements • Administratively Complete • Statement about nature and purpose of proposed use • Location and purpose of any water to be resold, leased, or transported • Pumpage volume and rate • Demand trends • Hydrogeological Report/Aquifer test (over 2,000,000 gallons a year) • Aquifer test work plan and monitoring well network if over 200,000,000 gallons a year • Notice to landowners within ½ mile of proposed well if application is over 2 million gallons

BSEACD Permitting Process Rule 3-1.4A.10 – Potential for Unreasonable Impact Evaluation Unreasonable Impacts: Drawdown or reduction in artesian pressure that causes: • Well interference (well doesn’t yield water, well isn’t producing as much water as it used to, pump needs to be lowered beyond a reasonable pump intake level); • The degradation of groundwater quality such that the water is unusable or requires the installation of a treatment system; • Desired Future Condition (DFC) not be achieved; • Overdraft • A significant decrease in springflow or baseflows; or land subsidence.

BSEACD Permitting Process Rule 3-1.4G • Evaluation based on best available science, Hydrogeologic Report, aquifer test, and other factors • District issues preliminary finding of PUI or not • If PUI is found, applicant may directly refer to board or must submit a compliance monitoring plan and monitoring well network and impact avoidance plan and may submit a mitigation plan • Applicant given 90 extra days for BSEACD review period Rule 3-1.11B describes compliance, monitoring, and mitigation requirements

BSEACD Permitting Process • If PUI, then 90 extra days given until District issues a preliminary decision or a proposed permit • Water Code 36.113(d ):before granting or denying a permit, District shall consider whether the proposed use of water unreasonably affects existing groundwater and surface water resources or existing permit holders…and that the proposed use of water is dedicated to any beneficial use • Rule 3-1.6A: Factors District must consider when approving or denying a permit • Beneficial Use/Non Speculative • Won’t cause waste • Will not unreasonably affect existing groundwater and surface water resources by causing PUI (No well interference, will not impact DFC) • Rule 3-1.6AB: Provide written notification to applicant of decision and that application is administratively complete

BSEACD Permitting Process

Electro Purification Timeline • October 2016: EP conducts aquifer test • 7.13.17: EP submits application • 10.11.17: District requests more information from EP • 11.16.17 – 12.14.17: EP submits revisions to application • 10.10.17 – 2.19.18: BSEACD conducts series of evaluations of EP’s hydrogeological report

Electro Purification Timeline • 2.20.18: BSEACD finding that EP application has Potential to Cause Unreasonable Impacts • 3.21.18: EP Submits proposed compliance monitoring plan • 3.30.2018: BSEACD request for additional information • 4.13.18: EP’s proposed compliance monitoring plan • 5.1.18: EP submits mitigation plan • 5.21.18: BSESAD preliminary decision deadline

Current Application • Seven Wells (Bridges Wells No. 1, 2, 3, & 4 and Odell Wells No. 1, 2, and 3). • Bridges Wells, 1, 2, and Odell 2 will be used as PWS wells • Odell Well 1 and 3 and Bridges 4 and 3 will be used as domestic wells or capped until EP needs additional supply. • Bridges Well 5 and 6 have not been drilled and are not part of current application • 2.5 MGD = 913M gallons a year = 2800 acre feet a year from Cow Creek • GoForth only customer

Proposed Pipeline • 11.24 mile pipeline • along 3237 and 150, then south of Mountain City to Goforth • Run through Halifax Ranch or COA lands depending on which side of 150 • ROW utilization unlikely

Status Update • EP has performed pumping tests on three wells sealed in the Cow Creek formation of the Middle Trinity Aquifer in 2016, issued hydrogeologic report in 2017 • Significant drawdown of the aquifer was measured • EP has proposed a well field consisting of seven well at full capacity (2.5 MGD) • BSEACD analyzed the data and determined there is the potential for unreasonable impacts • BSEACD rules gave EP several options to proceed • EP chose to prepare impact avoidance plan, compliance monitoring plan and mitigation plan to address the unreasonable impacts (several versions were submitted) • Plans are currently being reviewed by BSEACD and a permit being prepared which will contain special provisions

Three Productive Zones • Edwards/Upper Glen Rose Lower Glen Rose • Cow Creek •

Pumping 1700 GPM for One Year

Potential Unreasonable Impacts 1. Well interference that causes one or more wells to cease to yield water: This condition is very likely, without special permit conditions and avoidance measures . 2. Well interference that significantly decreases yield of other wells to the extent it prevents the wells from providing an authorized, historic, or usable amount or rate of water production: This condition is almost certain, without special permit conditions and avoidance measures. 3. Well interference that lowers the water levels below the physical or economically feasible level of pump intakes : This condition is almost certain, without special permit conditions and avoidance measures. 4. Degradation of water quality in other wells such that the native water is unusable for its current purpose: This condition is not determinable on the basis of existing information, but its likelihood is probably spatially variable. From BSEACD Tech Memo 2018-0219

Compliance Plan Driftwood Multiport Index Compliance Well (Lower Glen Rose, Cow Creek triggers) Cow Creek Member Monitor Wells • 1) Bowman Well; • 2) Ochoa Well; • 3) Lowe Well; • 4) Wood 01 Well; • 5) Escondida Well; and • 6) EP Western Monitoring Well (to be completed). Lower Glen Rose Well • Odell No. 1 Upper Glen Rose Well • EP UGR Monitoring Well EP Western Monitoring Well

EP Proposed Avoidance Actions • Phase I: (.75 MGD) = 273,750,000 gallons per year • Phase II: (1.25 MGD) = 456,250,000 gallons per year • Phase III: (1.75 MGD) = 638,750,000 gallons per year • Phase IV: (2.25 MGD) = 821,250,000 gallons per year • Phase V: (2.5 MGD) = 912,500,000 gallons per year

EP Proposed Avoidance Actions (con’t) General Criteria to Move to Next Phase • Aquifer Conditions must not have reached compliance Level 2 • Must have produced 70% of Phase I volume for 6 months • Must have contracts in place that Support Phase II volume • Must have mitigated any unanticipated unreasonable impacts • Permittee must notify General Manager in writing to request move to next Phase. • Submit updated Compliance Monitoring, Impact Avoidance and Mitigation Plans, if appropriate

EP Proposed Avoidance Actions (con’t) To move from II-III, III-IV or IV-V • Must have mitigated any “unanticipated unreasonable impacts” that occurred as a result solely of production from the EP Well Field during the preceding phase.

EP Proposed Avoidance Actions (con’t) Offer at EP’s expense to lower well owners’ pump below the Compliance Monitor Level 4 trigger or to base of the well (whichever is deeper) prior to EP’s commencement of pumping; • Cow Creek wells (Cow Creek Compliance Level 4); • Lower Glen Rose wells (Lower Glen Rose Compliance Level 4). Eligible Wells • Existing within the impact avoidance area of the wellfield documented to be in place on the date of the BSEACD preliminary permit determination • After that date, series of onerous conditions to qualify for pump lowering

EP Proposed Avoidance Actions (con’t) Impact Avoidance Area Wells are located in Hays County within a 2 mile radius from the EP Well Field; and Wells will be completed in the Cow Creek Member of the Middle Trinity Aquifer or the Lower Glen Rose Formation of the Middle Trinity Aquifer; and Wells will have the well pump set to produce from an elevation of 703 feet or less belowground level for Cow Creek wells and 510 ft or less below ground level for Lower Glen Rose wells. (12 CC wells, no discrete LGR wells and seven unknown)

Mitigation Plan A tool to address unanticipated unreasonable impacts to existing groundwater users attributable to groundwater production by EP that could not be addressed and because of circumstances either unknown to EP and/or the District at the time of approval of EP’s Permit or were unanticipated due to circumstances beyond EP’s control.