By: Barrientos S.B. No. 1552
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 the powers and duties of groundwater conservation
1-3 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 [a] any permit issued by the
1-11 district for the following:
1-12 (1) [drilling or producing from] a well used solely for
1-13 domestic use, or for 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 or alteration of the size of a well
1-18 or to restrict the production of a well if the water produced or to
1-19 be produced from the well is used or to be used to supply the
1-20 domestic needs of 10 or fewer households and a person who is a
1-21 member of each household is either the owner of the well, a person
1-22 related to the owner or a member of the owner's household within
1-23 the second degree by consanguinity, or an employee of the owner;]
2-1 [(3) the drilling or alteration of the size of a well
2-2 or to restrict the production from the well if the water produced
2-3 or to be produced from the well is used or to be used to provide
2-4 water for feeding livestock and poultry connected with farming,
2-5 ranching, or dairy enterprises] the drilling of a water well used to
2-6 supply water solely for a drilling rig that is actively engaged in
2-7 drilling or exploration operations for an oil or gas well that is
2-8 permitted by the Railroad Commission of Texas, provided that the
2-9 person holding that permit is responsible for the water well and
2-10 the water well is located on the same leased tract as the drilling
2-11 rig; or
2-12 (3) the drilling of a water well permitted by the
2-13 Railroad Commission of Texas under the Texas Surface Coal Mining
2-14 and Reclamation Act, Chapter 134, Natural Resources Code, or
2-15 production from any such well to the extent the withdrawals are
2-16 required for mining purposes regardless of any subsequent use of
2-17 the water.
2-18 [(4) water wells to supply water for hydrocarbon
2-19 production activities, regardless of whether those wells are
2-20 producing, that are associated with any well permitted by the
2-21 Railroad Commission of Texas drilled before September 1, 1985.]
2-22 [(b) The board shall adopt rules determining the
2-23 applicability of Subsection (a)(3) to facilities used primarily for
2-24 feeding livestock.]
2-25 (c) [The district shall not deny the owner of a tract of
2-26 land, or his lessee, who has no well equipped to produce more than
3-1 25,000 gallons a day on the tract, either a permit to drill a well
3-2 on his land or the privilege to produce groundwater from his land,
3-3 subject to the rules of the district.]
3-4 [(d)] A district may not restrict the production of any well
3-5 that is exempt from permitting under Subsection (b)(1) [equipped to
3-6 produce 25,000 gallons or less a day].
3-7 [(e) Nothing in this chapter applies to wells drilled for
3-8 oil, gas, sulphur, uranium, or brine, or for core tests, or for
3-9 injection of gas, saltwater, or other fluid, or for any other
3-10 purpose, under permits issued by the Railroad Commission of Texas.
3-11 A district may not require a drilling permit for a well to supply
3-12 water for drilling any wells permitted by the Railroad Commission
3-13 of Texas. Any well that ceases to be used for these purposes and
3-14 is then used as an ordinary water well is subject to the rules of
3-15 the district. Water wells drilled after September 1, 1997, to
3-16 supply water for hydrocarbon production activities must meet the
3-17 spacing requirements of the district unless no space is available
3-18 within 300 feet of the production well or the central injection
3-19 station.]
3-20 [(f) Water wells exempted under this section shall be
3-21 equipped and maintained so as to conform to the district's rules
3-22 requiring installation of casing, pipe, and fittings to prevent the
3-23 escape of groundwater from a groundwater reservoir to any reservoir
3-24 not containing groundwater and to prevent the pollution or harmful
3-25 alteration of the character of the water in any groundwater
3-26 reservoir.]
4-1 (d) A district may require a well exempt under Subsections
4-2 (b)(2) and (b)(3) to be permitted and comply with all district
4-3 rules if:
4-4 (1) the purpose of a well exempt under Subsection
4-5 (b)(2) is no longer to supply water for a drilling rig that is
4-6 actively engaged in drilling or exploration operations for an oil
4-7 or gas well that is permitted by the Railroad Commission of Texas,
4-8 or;
4-9 (2) the withdrawals from a well exempt under
4-10 Subsection (b)(3) are no longer necessary for mining purposes or
4-11 are greater than the amount necessary for mining purposes under the
4-12 permit issued by the Railroad Commission of Texas under the Texas
4-13 Surface and Coal Mining and Reclamation Act, Chapter 134, Natural
4-14 Resources Code.
4-15 (e) An entity holding a permit from the Railroad Commission
4-16 of Texas under the Texas Surface Coal Mining and Reclamation Act,
4-17 Chapter 134, Natural Resources Code, shall report to the district
4-18 on a monthly basis the total amount of water withdrawn, the
4-19 quantity necessary for mining purposes, and the quantity withdrawn
4-20 for other purposes. Notwithstanding Subsection (d), a district may
4-21 not require a well exempt under Subsection (b)(3) to comply with
4-22 the spacing requirements of the district.
4-23 (f) A district shall not deny an application for a permit to
4-24 drill and produce water for hydrocarbon production activities if
4-25 the application meets the spacing, density, and production rules of
4-26 the district.
5-1 (g) A [district shall require] water well[s] exempted under
5-2 Subsection (a) or (b) of this section [to] shall:
5-3 (1) be registered [with the district before drilling.]
5-4 in accordance with rules promulgated by the district;
5-5 (2) [All exempt water wells shall] be equipped and
5-6 maintained so as to conform to the district's rules requiring
5-7 installation of casing, pipe, and fittings to prevent the escape of
5-8 groundwater from a groundwater reservoir to any reservoir not
5-9 containing groundwater and to prevent the pollution or harmful
5-10 alteration of the character of the water in any groundwater
5-11 reservoir[.] , and;
5-12 (3) have the drilling log for the well filed with the
5-13 district by the driller of the well.
5-14 (h) A well to supply water for a subdivision of land for
5-15 which a plat approval is required by Chapter 232, Local Government
5-16 Code, [law] is not exempted under Subsection (b) of this section.