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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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certain wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.117(d), Water Code, is amended to |
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read as follows: |
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(d) Notwithstanding Subsections [Subsection] (b) and (c), a |
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district may require a well to be permitted by the district and to |
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comply with all district rules if: |
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(1) the withdrawals from a well in the Hill Country |
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Priority Groundwater Management Area and exempted under Subsection |
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(b)(1) are no longer used solely for domestic use or to provide |
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water for livestock or poultry; |
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(2) the purpose of a well exempted under Subsection |
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(b)(2) is no longer solely to supply water for a rig that is |
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actively engaged in drilling or exploration operations for an oil |
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or gas well permitted by the Railroad Commission of Texas; [or] |
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(3) the withdrawals from a well exempted under |
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Subsection (b)(3) are no longer necessary for mining activities or |
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are greater than the amount necessary for mining activities |
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specified in the permit issued by the Railroad Commission of Texas |
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under Chapter 134, Natural Resources Code; or |
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(4) the well is otherwise exempted under Subsection |
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(b)(1) and is drilled within a management zone designated by a |
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district to protect alluvial zones, springs, and stream flows |
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within the watershed of the Frio, North Llano, Llano, South Llano, |
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West Nueces, Nueces, or San Saba River or a watershed within the |
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boundaries of the Hill Country Priority Groundwater Management |
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Area. |
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SECTION 2. The change in law made by this Act to Section |
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36.117(d), Water Code, applies only to a well for which drilling is |
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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 immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 3. 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, 2011. |