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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of a water well from certain permitting by |
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and compliance with rules of a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.117, Water Code, is amended by |
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amending Subsections (b) and (d) and adding Subsection (f-1) to |
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read as follows: |
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(b) Except as provided by this section, a district shall |
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provide an exemption from the district requirement to obtain a |
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permit for: |
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(1) drilling or operating a well used solely for |
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domestic use or for providing water for livestock or poultry if the |
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well is: |
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(A) located or to be located on a tract of land |
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larger than 10 acres; and |
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(B) drilled, completed, or equipped so that it is |
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incapable of producing more than 25,000 gallons of groundwater a |
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day; |
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(2) drilling a water well used [solely] to supply |
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water for [a rig that is actively engaged in] drilling or |
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exploration operations, including completions, for an oil or gas |
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well permitted by the Railroad Commission of Texas provided that |
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the person holding the permit is responsible for drilling and |
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operating the water well [and the water well is located on the same
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lease or field associated with the drilling rig]; or |
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(3) drilling a water well authorized under a permit |
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issued by the Railroad Commission of Texas under Chapter 134, |
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Natural Resources Code, or for production from the well to the |
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extent the withdrawals are required for mining activities |
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regardless of any subsequent use of the water. |
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(d) A district may cancel a previously granted exemption, |
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and may require an operating permit for or restrict production from |
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a well, if: |
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(1) the well is located in the Hill Country Priority |
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Groundwater Management Area and the groundwater withdrawals that |
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were exempted under Subsection (b)(1) are no longer used solely for |
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domestic use or to provide water for livestock or poultry; |
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(2) the groundwater withdrawals that were exempted |
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under Subsection (b)(2) are no longer used [solely] to supply water |
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for [a rig that is actively engaged in] drilling or exploration |
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operations, including completions, for an oil or gas well permitted |
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by the Railroad Commission of Texas; or |
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(3) the groundwater withdrawals that were exempted |
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under Subsection (b)(3) are no longer necessary for mining |
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activities or are greater than the amount necessary for mining |
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activities specified in the permit issued by the Railroad |
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Commission of Texas under Chapter 134, Natural Resources Code. |
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(f-1) The owner or operator of a water well exempt under |
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Subsection (b)(2) shall comply with rules of the district that have |
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been adopted with general and uniform application to all wells, |
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except wells described by Subsection (b)(1), including those rules |
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that govern: |
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(1) registration of wells; |
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(2) production requirements as applied commensurately |
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to all wells; |
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(3) payment of production fees as assessed by the |
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district based on the amount of groundwater actually withdrawn from |
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the well; and |
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(4) recordkeeping and reporting of groundwater |
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withdrawals. |
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SECTION 2. 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, 2013. |