1-1 By: Walker (Senate Sponsor - Barrientos) H.B. No. 3587
1-2 (In the Senate - Received from the House April 26, 2001;
1-3 April 27, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 11, 2001, reported favorably, as amended, by
1-5 the following vote: Yeas 4, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Barrientos
1-8 Amend House Bill 3587 in SECTION 1, as follows:
1-9 (1) On page 2, line 65, between "rules" and "of" insert
1-10 "applicable to all permitted water wells".
1-11 (2) On page 3, between lines 13 and 14, insert the
1-12 following:
1-13 "(k) Groundwater withdrawn from a well exempt from permitting or
1-14 regulation under this section and subsequently transported outside
1-15 the boundaries of the district shall be subject to any applicable
1-16 production and export fees under Sections 36.122 and 36.205.
1-17 (l) This chapter applies to water wells, including water wells
1-18 used to supply water for activities related to the exploration or
1-19 production of hydrocarbons or minerals. This chapter does not
1-20 apply to production or injection wells drilled for oil, gas,
1-21 sulphur, uranium, or brine, or for core tests, or for injection of
1-22 gas, saltwater, or other fluids, under permits issued by the
1-23 Railroad Commission of Texas."
1-24 A BILL TO BE ENTITLED
1-25 AN ACT
1-26 relating to the exemption from permitting requirements for certain
1-27 wells in a groundwater conservation district.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 SECTION 1. Section 36.117, Water Code, is amended to read as
1-30 follows:
1-31 Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS. (a) A
1-32 district may exempt wells from the requirements to obtain a
1-33 drilling permit, an operating permit, or any other permit required
1-34 by this chapter or the district's rules.
1-35 (b) A district may not require a permit for:
1-36 (1) [drilling or producing from] a well on a tract of
1-37 land larger than 10 acres if the well is [either] drilled,
1-38 completed, or equipped so that it is incapable of producing more
1-39 than 25,000 gallons of groundwater a day and if the water produced
1-40 or to be produced from the well is used or to be used for domestic
1-41 purposes or to provide water for livestock or poultry;
1-42 (2) the drilling of a well to supply water solely for
1-43 a drilling rig that is actively engaged in drilling or exploration
1-44 operations permitted by the Railroad Commission of Texas if:
1-45 (A) the person holding the permit is responsible
1-46 for the water well; and
1-47 (B) the water well is located:
1-48 (i) on the lease on which the drilling rig
1-49 is located;
1-50 (ii) within the boundaries of the field in
1-51 which the drilling rig is located; or
1-52 (iii) in close proximity to the drilling
1-53 rig [or alteration of the size of a well or to restrict the
1-54 production of a well if the water produced or to be produced from
1-55 the well is used or to be used to supply the domestic needs of 10
1-56 or fewer households and a person who is a member of each household
1-57 is either the owner of the well, a person related to the owner or a
1-58 member of the owner's household within the second degree by
1-59 consanguinity, or an employee of the owner]; or
1-60 (3) the drilling of a well or to restrict the
1-61 production of a well if the water produced or to be produced is
1-62 necessary or will be necessary for mining purposes permitted by the
1-63 Railroad Commission of Texas under Chapter 134, Natural Resources
2-1 Code [or alteration of the size of a well or to restrict the
2-2 production from the well if the water produced or to be produced
2-3 from the well is used or to be used to provide water for feeding
2-4 livestock and poultry connected with farming, ranching, or dairy
2-5 enterprises; or]
2-6 [(4) water wells to supply water for hydrocarbon
2-7 production activities, regardless of whether those wells are
2-8 producing, that are associated with any well permitted by the
2-9 Railroad Commission of Texas drilled before September 1, 1985].
2-10 [(b) The board shall adopt rules determining the
2-11 applicability of Subsection (a)(3) to facilities used primarily for
2-12 feeding livestock.]
2-13 (c) [The district shall not deny the owner of a tract of
2-14 land, or his lessee, who has no well equipped to produce more than
2-15 25,000 gallons a day on the tract, either a permit to drill a well
2-16 on his land or the privilege to produce groundwater from his land,
2-17 subject to the rules of the district.]
2-18 [(d)] A district may not restrict the production of any well
2-19 exempted under Subsection (b)(1) [equipped to produce 25,000
2-20 gallons or less a day].
2-21 (d) A district may require a well exempted under Subsection
2-22 (b)(2) or (b)(3) to obtain a permit and comply with district rules
2-23 if:
2-24 (1) a well exempted under Subsection (b)(2) is no
2-25 longer used to supply water for a drilling rig that is actively
2-26 engaged in drilling or exploration operations permitted by the
2-27 Railroad Commission of Texas; or
2-28 (2) withdrawals from a well exempted under Subsection
2-29 (b)(3) are:
2-30 (A) no longer necessary for mining purposes
2-31 permitted by the Railroad Commission of Texas under Chapter 134,
2-32 Natural Resources Code; or
2-33 (B) greater than the amount necessary for mining
2-34 purposes permitted by the Railroad Commission of Texas under
2-35 Chapter 134, Natural Resources Code.
2-36 (e) A person required to obtain a permit for a well under
2-37 Subsection (d)(2) shall report monthly to the district the total
2-38 amount of water withdrawn from the well, the quantity of water
2-39 necessary for mining purposes, and the quantity of water withdrawn
2-40 for other purposes [Nothing in this chapter applies to wells
2-41 drilled for oil, gas, sulphur, uranium, or brine, or for core
2-42 tests, or for injection of gas, saltwater, or other fluid, or for
2-43 any other purpose, under permits issued by the Railroad Commission
2-44 of Texas. A district may not require a drilling permit for a well
2-45 to supply water for drilling any wells permitted by the Railroad
2-46 Commission of Texas. Any well that ceases to be used for these
2-47 purposes and is then used as an ordinary water well is subject to
2-48 the rules of the district. Water wells drilled after September 1,
2-49 1997, to supply water for hydrocarbon production activities must
2-50 meet the spacing requirements of the district unless no space is
2-51 available within 300 feet of the production well or the central
2-52 injection station].
2-53 (f) Notwithstanding Subsection (d), a district may not
2-54 require a well exempted under Subsection (b)(3) to meet the spacing
2-55 requirements of the district [Water wells exempted under this
2-56 section shall be equipped and maintained so as to conform to the
2-57 district's rules requiring installation of casing, pipe, and
2-58 fittings to prevent the escape of groundwater from a groundwater
2-59 reservoir to any reservoir not containing groundwater and to
2-60 prevent the pollution or harmful alteration of the character of the
2-61 water in any groundwater reservoir].
2-62 (g) A district may not deny an application for a permit to
2-63 drill a water well to supply water for hydrocarbon production
2-64 activities if the application is in compliance with the spacing,
2-65 density, and production rules of the district.
2-66 (h) A district shall require water wells exempted under this
2-67 section to be registered in accordance with rules adopted by the
2-68 district [before drilling]. All exempt water wells shall be
2-69 equipped and maintained so as to conform to the district's rules
3-1 requiring installation of casing, pipe, and fittings to prevent the
3-2 escape of groundwater from a groundwater reservoir to any reservoir
3-3 not containing groundwater and to prevent the pollution or harmful
3-4 alteration of the character of the water in any groundwater
3-5 reservoir. A driller of an exempt well shall file the well's
3-6 drilling log with the district.
3-7 (i) [(h)] A well to supply water for a subdivision of land
3-8 for which a plat approval is required under Chapter 232, Local
3-9 Government Code, [by law] is not exempted under Subsection (b)
3-10 [this section].
3-11 (j) An exemption under this section does not affect a
3-12 district's authority to impose fees under Section 36.122 or
3-13 Subchapter G.
3-14 SECTION 2. The changes in law made by this Act to Section
3-15 36.117, Water Code, apply only to an application for the drilling,
3-16 equipping, completion, or alteration of a well or pump filed on or
3-17 after the effective date of this Act. An application for the
3-18 drilling, equipping, completion, or alteration of a well or pump
3-19 filed before the effective date of this Act is governed by the law
3-20 in effect on the date on which the application was filed, and the
3-21 former law is continued in effect for that purpose.
3-22 SECTION 3. This Act takes effect September 1, 2001.
3-23 * * * * *