By: Keffer H.B. No. 3317
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exemption of a water well from certain permitting by
  and compliance with rules of a groundwater conservation district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.117, Water Code, is amended by
  amending Subsections (b) and (d) and adding Subsection (f-1) to
  read as follows:
         (b)  Except as provided by this section, a district shall
  provide an exemption from the district requirement to obtain a
  permit for:
               (1)  drilling or operating a well used solely for
  domestic use or for providing water for livestock or poultry if the
  well is:
                     (A)  located or to be located on a tract of land
  larger than 10 acres; and
                     (B)  drilled, completed, or equipped so that it is
  incapable of producing more than 25,000 gallons of groundwater a
  day;
               (2)  drilling a water well used [solely] to supply
  water for [a rig that is actively engaged in] drilling or
  exploration operations, including completions, for an oil or gas
  well permitted by the Railroad Commission of Texas provided that
  the person holding the permit is responsible for drilling and
  operating the water well [and the water well is located on the same
  lease or field associated with the drilling rig]; or
               (3)  drilling a water well authorized under a permit
  issued by the Railroad Commission of Texas under Chapter 134,
  Natural Resources Code, or for production from the well to the
  extent the withdrawals are required for mining activities
  regardless of any subsequent use of the water.
         
         (d)  A district may cancel a previously granted exemption,
  and may require an operating permit for or restrict production from
  a well, if:
               (1)  the well is located in the Hill Country Priority
  Groundwater Management Area and the groundwater withdrawals that
  were exempted under Subsection (b)(1) are no longer used solely for
  domestic use or to provide water for livestock or poultry;
               (2)  the groundwater withdrawals that were exempted
  under Subsection (b)(2) are no longer used [solely] to supply water
  for [a rig that is actively engaged in] drilling or exploration
  operations, including completions, for an oil or gas well permitted
  by the Railroad Commission of Texas; or
               (3)  the groundwater withdrawals that were exempted
  under Subsection (b)(3) are no longer necessary for mining
  activities or are greater than the amount necessary for mining
  activities specified in the permit issued by the Railroad
  Commission of Texas under Chapter 134, Natural Resources Code.
         (f-1)  The owner or operator of a water well exempt under
  Subsection (b)(2) shall comply with rules of the district that have
  been adopted with general and uniform application to all wells,
  except wells described by Subsection (b)(1), including those rules
  that govern:
               (1)  registration of wells;
               (2)  production requirements as applied commensurately
  to all wells;
               (3)  payment of production fees as assessed by the
  district based on the amount of groundwater actually withdrawn from
  the well; and
               (4)  recordkeeping and reporting of groundwater
  withdrawals.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.