Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-13-3 - Criteria for Exempted Aquifer Status3.1. An aquifer or a portion thereof which meets the criteria for an "underground source of drinking water" in section 2 may be determined to be an exempted aquifer if it meets the following criteria: 3.1.1. It does not currently serve as a source of drinking water; and3.1.2. It cannot now and will not in the future serve as a source of drinking water because: 3.1.2.a. It is a mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class 2 or 3 operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;3.1.2.b. It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;3.1.2.c. It is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; or3.1.2.d. It is located over a Class 3 well mining area subject to subsidence or catastrophic collapse; or3.1.3. The Total Dissolved Solids content of the groundwater is more than 3,000 and less than 10,000 mg/1 and it is not reasonably expected to supply a public water system.3.1.4. The areal extent of an aquifer exemption for a Class 2 EOR/EGR well may be expanded for the exclusive purpose of Class 6 injection for geologic sequestration if: 3.1.4.a. It is not currently a source of drinking water; and3.1.4.b. Total dissolved solids content of the groundwater is 3,000 but <10,000 mg/1; and3.1.4.c. It is not reasonably expected to supply a public water system.