By Walker H.B. No. 3587
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exemptions, exceptions, and limitations on well
1-3 permitting requirements for groundwater conservation districts.
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 (a) A district may exempt wells from the requirements to
1-8 obtain a drilling permit, an operating permit, or any other permit
1-9 required by this chapter or the district's rules.
1-10 (b) A district may not require any permit issued by the
1-11 district for the following:
1-12 (1) [drilling or producing from] a well solely for
1-13 domestic use, or providing water for livestock or poultry, on a
1-14 tract of land larger than ten acres that is either drilled,
1-15 completed, or equipped so that it is incapable of producing more
1-16 than 25,000 gallons of groundwater a day;
1-17 (2) the drilling of a water well used to supply water
1-18 solely for a drilling rig which is actively engaged in drilling or
1-19 exploration operations for a well that is permitted by the Railroad
1-20 Commission of Texas, provided that the person holding the permit is
1-21 responsible for the water well and the well is located on the
1-22 lease; or [the drilling or alteration of the size of a well or to
1-23 restrict the production of a well if the water produced or to be
2-1 produced from the well is used or to be used to supply the domestic
2-2 needs of 10 or fewer households and a person who is a member of
2-3 each household is either the owner of the well, a person related to
2-4 the owner or a member of the owner's household within the second
2-5 degree by consanguinity, or an employee of the owner;]
2-6 (3) the drilling of a water well permitted by the
2-7 Railroad Commission of Texas under the Texas Surface Coal Mining
2-8 and Reclamation Act, Chapter 134, Natural Resource Code, or
2-9 production from any such well the extent the withdrawals are
2-10 required for mining purposes regardless of any subsequent use of
2-11 the water. [the drilling or alteration of the size of a well or to
2-12 restrict the production from the well if the water produced or to
2-13 be produced from the well is used or to be used to provide water
2-14 for feeding livestock and poultry connected with farming, ranching,
2-15 or dairy enterprises;]
2-16 [(4) water wells to supply water for hydrocarbon
2-17 production activities, regardless of whether those wells are
2-18 producing, that are associated with any well permitted by the
2-19 Railroad Commission of Texas drilled before September 1, 1985.]
2-20 [(b) The board shall adopt rules determining the
2-21 applicability of Subsection (a)(3) to facilities used primarily for
2-22 feeding livestock.]
2-23 [(c) The district shall not deny the owner of a tract of
2-24 land, or his lessee, who has no well equipped to produce more than
2-25 25,000 gallons a day on the tract, either a permit to drill a well
2-26 on his land or the privilege to produce groundwater from his land,
3-1 subject to the rules of the district.]
3-2 (c) [(d)] A district may not restrict the production of any
3-3 well exempt under Subsection (b)(1) [equipped to produce 25,000
3-4 gallons or less a day].
3-5 (d) A district may require a well exempt under Subsection
3-6 (b)(2) and (b)(3) to be permitted and comply with all district
3-7 rules when:
3-8 (1) the purpose of the well exempt under Subsection
3-9 (b)(2) is no longer to supply water for a drilling rig which is
3-10 actively engaged in drilling or exploration operations for a well
3-11 that is permitted by the Railroad Commission of Texas; or
3-12 (2) the withdrawals from the well exempt under
3-13 Subsection (b)(3) are no longer necessary for mining purposes or
3-14 are greater than the amounts necessary for mining purposes under
3-15 the permit issued by the Railroad Commission of Texas under the
3-16 Texas Surface Coal Mining and Reclamation Act, Chapter 134, Natural
3-17 Resource Code.
3-18 (e) An entity holding a permit from the Railroad Commission
3-19 of Texas under the Texas Surface Coal Mining and Reclamation Act,
3-20 Chapter 134, Natural Resources Code, shall report to the district
3-21 on a monthly basis the total amount of water withdrawn, the
3-22 quantity necessary for mining purposes, and the quantity withdrawn
3-23 for other purposes. A district may not require a well exempt under
3-24 Subsection (b)(3) to comply with the spacing requirements of the
3-25 district notwithstanding Subsection (d). [Nothing in this chapter
3-26 applies to wells drilled for oil, gas, sulphur, uranium, or brine,
4-1 or for core tests, or for injection of gas, saltwater, or other
4-2 fluid, or for any other purpose, under permits issued by the
4-3 Railroad Commission of Texas. Any well that ceases to be used for
4-4 these purposes and is then used as an ordinary water well is
4-5 subject to the rules of the district. Water wells drilled after
4-6 September 1, 1997, to supply water for hydrocarbon production
4-7 activities must meet the spacing requirements of the district
4-8 unless no space is available within 300 feet of the production well
4-9 or the central injection station.]
4-10 (f) A district shall not deny an application for a permit to
4-11 drill and produce water for hydrocarbon production activities if
4-12 the application is in compliance with the spacing, density, and
4-13 production rules of the district. [Water wells exempted under this
4-14 section shall be equipped and maintained so as to conform to the
4-15 district's rules requiring installation of casing, pipe, and
4-16 fittings to prevent the escape of groundwater from a groundwater
4-17 reservoir to any reservoir not containing groundwater and to
4-18 prevent the pollution or harmful alteration of the character of the
4-19 water in any groundwater reservoir.]
4-20 (g) A [district shall require] water well [wells] exempted
4-21 under Subsections (a) or (b) of this section:
4-22 (1) shall [to] be registered [with the district before
4-23 drilling.] in accordance to rules promulgated by the district;
4-24 (2) [All exempt water wells] shall be equipped and
4-25 maintained so as to conform to the district's rules requiring
4-26 installation of casing, pipe, and fittings to prevent the escape of
5-1 groundwater from a groundwater reservoir to any reservoir not
5-2 containing groundwater and to prevent the pollution or harmful
5-3 alteration of the character of the water in any groundwater
5-4 reservoir; and;
5-5 (3) shall have the drilling log for the well filed
5-6 with the district by the driller of the well.
5-7 (h) A well to supply water for a subdivision of land for
5-8 which a plat approval is required by Local Government Code, Chapter
5-9 232 [law] is not exempted under Subsection (b) of this section.
5-10 SECTION 2. This Act takes effect immediately if it receives
5-11 a vote of two-thirds of all the members elected to each house, as
5-12 provided by Section 39, Article III, Texas constitution. If this
5-13 Act does not receive the vote necessary for immediate effect, this
5-14 Act takes effect September 1, 2001.