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AN ACT
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relating to an exemption from the requirement to obtain a permit |
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from a groundwater conservation district for certain temporary |
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water wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.117, Water Code, is amended by |
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amending Subsections (b) and (d) and adding Subsection (d-1) to |
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read as follows: |
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(b) Except as provided by this section, a district shall |
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provide an exemption from the district requirement to obtain a |
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permit for: |
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(1) drilling or operating a well used solely for |
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domestic use or for providing water for livestock or poultry if the |
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well is: |
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(A) located or to be located on a tract of land |
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larger than 10 acres; and |
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(B) drilled, completed, or equipped so that it is |
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incapable of producing more than 25,000 gallons of groundwater a |
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day; |
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(2) drilling a water well used solely to supply water |
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for a rig that is actively engaged in drilling or exploration |
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operations for an oil or gas well permitted by the Railroad |
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Commission of Texas provided that the person holding the permit is |
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responsible for drilling and operating the water well and the water |
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well is located on the same lease or field associated with the |
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drilling rig; [or] |
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(3) drilling a water well authorized under a permit |
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issued by the Railroad Commission of Texas under Chapter 134, |
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Natural Resources Code, or for production from the well to the |
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extent the withdrawals are required for mining activities |
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regardless of any subsequent use of the water; or |
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(4) drilling a water well for temporary use to supply |
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water for a rig that is actively engaged in drilling a groundwater |
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production well permitted by the district. |
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(d) A district may cancel a previously granted exemption and |
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may require an operating permit for or restrict production from a |
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well and assess any appropriate fees if: |
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(1) the groundwater withdrawals that were exempted |
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under Subsection (b)(1) are no longer used solely for domestic use |
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or to provide water for livestock or poultry; |
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(2) the groundwater withdrawals that were exempted |
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under Subsection (b)(2) are no longer used solely to supply water |
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for a rig that is actively engaged in drilling or exploration |
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operations for an oil or gas well permitted by the Railroad |
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Commission of Texas; [or] |
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(3) the groundwater withdrawals that were exempted |
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under Subsection (b)(3) are no longer necessary for mining |
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activities or are greater than the amount necessary for mining |
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activities specified in the permit issued by the Railroad |
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Commission of Texas under Chapter 134, Natural Resources Code; or |
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(4) the groundwater withdrawals that were exempted |
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under Subsection (b)(4) are no longer used solely to supply water |
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for a rig that is actively engaged in drilling a groundwater |
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production well permitted by the district. |
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(d-1) Except as provided by this subsection, an exemption |
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for a well described by Subsection (b)(4) may not exceed 180 days. |
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A district may grant an extension of the exemption until the well is |
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complete. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1746 passed the Senate on |
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April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1746 passed the House on |
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May 24, 2023, by the following vote: Yeas 120, Nays 18, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |