1-1 AN ACT
1-2 relating to the exemption from permitting requirements for certain
1-3 wells in a groundwater conservation district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 36.117, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS. (a) A
1-8 district may exempt wells from the requirements to obtain a
1-9 drilling permit, an operating permit, or any other permit required
1-10 by this chapter or the district's rules.
1-11 (b) A district may not require a permit for:
1-12 (1) [drilling or producing from] a well on a tract of
1-13 land larger than 10 acres if the well is [either] drilled,
1-14 completed, or equipped so that it is incapable of producing more
1-15 than 25,000 gallons of groundwater a day and if the water produced
1-16 or to be produced from the well is used or to be used for domestic
1-17 purposes or to provide water for livestock or poultry;
1-18 (2) the drilling of a well to supply water solely for
1-19 a drilling rig that is actively engaged in drilling or exploration
1-20 operations permitted by the Railroad Commission of Texas if:
1-21 (A) the person holding the permit is responsible
1-22 for the water well; and
1-23 (B) the water well is located:
1-24 (i) on the lease on which the drilling rig
2-1 is located;
2-2 (ii) within the boundaries of the field in
2-3 which the drilling rig is located; or
2-4 (iii) in close proximity to the drilling
2-5 rig [or alteration of the size of a well or to restrict the
2-6 production of a well if the water produced or to be produced from
2-7 the well is used or to be used to supply the domestic needs of 10
2-8 or fewer households and a person who is a member of each household
2-9 is either the owner of the well, a person related to the owner or a
2-10 member of the owner's household within the second degree by
2-11 consanguinity, or an employee of the owner]; or
2-12 (3) the drilling of a well or to restrict the
2-13 production of a well if the water produced or to be produced is
2-14 necessary or will be necessary for mining purposes permitted by the
2-15 Railroad Commission of Texas under Chapter 134, Natural Resources
2-16 Code [or alteration of the size of a well or to restrict the
2-17 production from the well if the water produced or to be produced
2-18 from the well is used or to be used to provide water for feeding
2-19 livestock and poultry connected with farming, ranching, or dairy
2-20 enterprises; or]
2-21 [(4) water wells to supply water for hydrocarbon
2-22 production activities, regardless of whether those wells are
2-23 producing, that are associated with any well permitted by the
2-24 Railroad Commission of Texas drilled before September 1, 1985].
2-25 [(b) The board shall adopt rules determining the
2-26 applicability of Subsection (a)(3) to facilities used primarily for
2-27 feeding livestock.]
3-1 (c) [The district shall not deny the owner of a tract of
3-2 land, or his lessee, who has no well equipped to produce more than
3-3 25,000 gallons a day on the tract, either a permit to drill a well
3-4 on his land or the privilege to produce groundwater from his land,
3-5 subject to the rules of the district.]
3-6 [(d)] A district may not restrict the production of any well
3-7 exempted under Subsection (b)(1) [equipped to produce 25,000
3-8 gallons or less a day].
3-9 (d) A district may require a well exempted under Subsection
3-10 (b)(2) or (b)(3) to obtain a permit and comply with district rules
3-11 if:
3-12 (1) a well exempted under Subsection (b)(2) is no
3-13 longer used to supply water for a drilling rig that is actively
3-14 engaged in drilling or exploration operations permitted by the
3-15 Railroad Commission of Texas; or
3-16 (2) withdrawals from a well exempted under Subsection
3-17 (b)(3) are:
3-18 (A) no longer necessary for mining purposes
3-19 permitted by the Railroad Commission of Texas under Chapter 134,
3-20 Natural Resources Code; or
3-21 (B) greater than the amount necessary for mining
3-22 purposes permitted by the Railroad Commission of Texas under
3-23 Chapter 134, Natural Resources Code.
3-24 (e) A person required to obtain a permit for a well under
3-25 Subsection (d)(2) shall report monthly to the district the total
3-26 amount of water withdrawn from the well, the quantity of water
3-27 necessary for mining purposes, and the quantity of water withdrawn
4-1 for other purposes [Nothing in this chapter applies to wells
4-2 drilled for oil, gas, sulphur, uranium, or brine, or for core
4-3 tests, or for injection of gas, saltwater, or other fluid, or for
4-4 any other purpose, under permits issued by the Railroad Commission
4-5 of Texas. A district may not require a drilling permit for a well
4-6 to supply water for drilling any wells permitted by the Railroad
4-7 Commission of Texas. Any well that ceases to be used for these
4-8 purposes and is then used as an ordinary water well is subject to
4-9 the rules of the district. Water wells drilled after September 1,
4-10 1997, to supply water for hydrocarbon production activities must
4-11 meet the spacing requirements of the district unless no space is
4-12 available within 300 feet of the production well or the central
4-13 injection station].
4-14 (f) Notwithstanding Subsection (d), a district may not
4-15 require a well exempted under Subsection (b)(3) to meet the spacing
4-16 requirements of the district [Water wells exempted under this
4-17 section shall be equipped and maintained so as to conform to the
4-18 district's rules requiring installation of casing, pipe, and
4-19 fittings to prevent the escape of groundwater from a groundwater
4-20 reservoir to any reservoir not containing groundwater and to
4-21 prevent the pollution or harmful alteration of the character of the
4-22 water in any groundwater reservoir].
4-23 (g) A district may not deny an application for a permit to
4-24 drill a water well to supply water for hydrocarbon production
4-25 activities if the application is in compliance with the spacing,
4-26 density, and production rules applicable to all permitted water
4-27 wells of the district.
5-1 (h) A district shall require water wells exempted under this
5-2 section to be registered in accordance with rules adopted by the
5-3 district [before drilling]. All exempt water wells shall be
5-4 equipped and maintained so as to conform to the district's rules
5-5 requiring installation of casing, pipe, and fittings to prevent the
5-6 escape of groundwater from a groundwater reservoir to any reservoir
5-7 not containing groundwater and to prevent the pollution or harmful
5-8 alteration of the character of the water in any groundwater
5-9 reservoir. A driller of an exempt well shall file the well's
5-10 drilling log with the district.
5-11 (i) [(h)] A well to supply water for a subdivision of land
5-12 for which a plat approval is required under Chapter 232, Local
5-13 Government Code, [by law] is not exempted under Subsection (b)
5-14 [this section].
5-15 (j) An exemption under this section does not affect a
5-16 district's authority to impose fees under Section 36.122 or
5-17 Subchapter G.
5-18 (k) Groundwater withdrawn from a well exempt from permitting
5-19 or regulation under this section and subsequently transported
5-20 outside the boundaries of the district shall be subject to any
5-21 applicable production and export fees under Sections 36.122 and
5-22 36.205.
5-23 (l) This chapter applies to water wells, including water
5-24 wells used to supply water for activities related to the
5-25 exploration or production of hydrocarbons or minerals. This
5-26 chapter does not apply to production or injection wells drilled for
5-27 oil, gas, sulphur, uranium, or brine, or for core tests, or for
6-1 injection of gas, saltwater, or other fluids, under permits issued
6-2 by the Railroad Commission of Texas.
6-3 SECTION 2. The changes in law made by this Act to Section
6-4 36.117, Water Code, apply only to an application for the drilling,
6-5 equipping, completion, or alteration of a well or pump filed on or
6-6 after the effective date of this Act. An application for the
6-7 drilling, equipping, completion, or alteration of a well or pump
6-8 filed before the effective date of this Act is governed by the law
6-9 in effect on the date on which the application was filed, and the
6-10 former law is continued in effect for that purpose.
6-11 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3587 was passed by the House on April
25, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3587 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3587 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor