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A BILL TO BE ENTITLED
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AN ACT
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relating to the source and supply of water used for oil and gas |
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exploration and production in the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 36, Water Code, is amended |
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by adding Section 36.001 (31) and (32) to read as follows: |
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(31) "Base of Usable Quality Water" shall mean the |
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elevation measured in feet/mean sea level at which the total |
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dissolved solids contained in the groundwater in the aquifer |
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beneath the site at which the well is to be located is reasonably |
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believed to exceed a total dissolved solid content of 1,000 mg/L, as |
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exclusively determined by the hydrologist for the Groundwater |
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Advisory Unit of the Texas Railroad Commission. |
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(32) "Enhanced Recovery Water Source Well" or "ERWSW" |
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shall mean a well that is used for the production and supply of |
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groundwater for use in hydraulic fracturing and other ancillary oil |
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and gas operations, done in conjunction with enhanced recovery |
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operations for oil and gas exploration and production, that is |
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drilled and completed according to Railroad Commission guidelines |
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for such wells and if withdrawing water only from below the Base of |
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Useable Quality Water; such wells shall be under the exclusive |
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jurisdiction of the Texas Railroad Commission. |
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SECTION 2. Section 36.117, Water Code, is amended by |
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amending Subsection (b) thereof by adding a new Subsection (b)(4) |
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thereto; by amending Subsection (f) thereof; and by adding a new |
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Subsection (m) thereto; to 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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or (4) drilling or operating an Enhanced Recovery Water |
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Source Well which penetrates the Base of Useable Quality Water. |
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(f) A district may require compliance with the district's |
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well spacing rules for the drilling of any well except a well |
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exempted under Subsection (b)(3) or (b)(4). |
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(m) An entity holding a permit issued by the Railroad |
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Commission of Texas under Section 91.101, Natural Resources Code, |
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that authorizes the drilling or operation of an Enhanced Recovery |
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Water Source Well which penetrates the Base of Useable Quality |
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Water shall report monthly to the district: |
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(1) Provide the location, depth of the well and |
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operator information with the district; |
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(2) Provide a copy of the well driller's log to the |
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district; |
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(3) Provide water quality and water level data to the |
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district; |
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(4) The total amount of water withdraw during each |
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month; |
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(5) The quantity of water necessary to supply water |
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for hydraulic fracturing and other ancillary oil and gas |
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operations; |
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(6) The quantity of water withdrawn for other |
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purposes. |
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SECTION 3. Section 91.001, Natural Resources Code, is |
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amended by adding Subsection (4) thereof; to read as follows: |
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Sec. 91.001. DEFINITIONS. |
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(4) "Base of Useable Quality Water" has the meaning |
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assigned by Section 36.001(31), Water Code. |
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(5) "Enhanced Recovery Water Source Well" or "ERWSW" |
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has the same meaning assigned by 36.001(32), Water Code. |
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SECTION 4. Section 91.101, Natural Resources Code, is |
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amended by adding a Subsection (a)(2)(G) thereto; and by adding a |
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Subsection (c) thereto; to read as follows: |
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(a) To prevent pollution of surface water or subsurface |
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water in the state, the commission shall adopt and enforce rules and |
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orders and may issue permits relating to: |
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(2) the production of oil and gas, including: |
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(G) activities associated with the drilling or |
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operation of an Enhanced Recovery Water Source Well which penetrate |
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the Base of Useable Quality Water; |
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(c) Except as provided by Section 36.117(m), Water Code, the |
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Commission has exclusive jurisdiction over the activities |
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described by Subsection (a)(2)(G). |
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SECTION 5. Within 30 days after the Texas Railroad |
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Commission receives an application for an Enhanced Water Source |
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Recovery Well or injection water source supply well, the |
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groundwater advisory unit of the Texas Railroad Commission shall |
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determine the Base of Useable Quality Water for each aquifer at the |
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site for which the well is to be drilled. |
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SECTION 6. 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. |