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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by groundwater conservation districts of |
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the drilling of certain water wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1165 to read as follows: |
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Sec. 36.1165. RESTRICTION ON DRILLING OF WELLS NEAR CERTAIN |
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RIVERS AND THEIR TRIBUTARIES. A person may not drill a well in the |
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portion of the territory of a district that is located within 100 |
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feet of the gradient boundary of the Frio, North Llano, Llano, West |
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Nueces, Nueces, or San Saba River, or any tributary of one of those |
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rivers, unless the well is: |
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(1) exempt from the permitting requirements of Section |
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36.117(b)(1); and |
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(2) drilled, completed, or equipped so that it is |
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incapable of producing more than: |
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(A) 10 gallons of groundwater per minute; or |
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(B) five acre-feet of groundwater per year. |
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SECTION 2. Section 36.117(b), Water Code, is amended to |
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read as follows: |
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(b) A district may not require any permit issued by the |
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district for: |
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(1) a well used solely for domestic use or for |
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providing water for livestock, [or] poultry, or wildlife on a tract |
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of land larger than 10 acres that is either drilled, completed, or |
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equipped so that it is incapable of producing more than 25,000 |
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gallons of groundwater a day; |
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(2) the drilling of a water well used solely to supply |
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water 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 well |
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is located on the same lease or field associated with the drilling |
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rig; or |
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(3) the drilling of a water well authorized under a |
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permit issued by the Railroad Commission of Texas under Chapter |
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134, Natural Resources Code, or for production from such a well to |
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the extent the withdrawals are required for mining activities |
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regardless of any subsequent use of the water. |
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SECTION 3. The changes in law made by Section 36.1165, Water |
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Code, as added by this Act, apply only to a well for which drilling |
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is commenced on or after the effective date of this Act. A well for |
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which drilling is commenced before the effective date of this Act is |
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subject to the law in effect on the date drilling is commenced, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |