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A BILL TO BE ENTITLED
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AN ACT
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relating to the permitting authority of a groundwater conservation |
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district for the drilling or operation of a water well used to |
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supply water for the drilling, exploration, or production of oil or |
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gas. |
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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 36.1133 to read as follows: |
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Sec. 36.1133. WELLS RELATED TO OIL AND GAS. (a) This |
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section applies to a water well that is to be used solely to supply |
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water for an activity associated with the drilling, exploration, or |
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production of oil or gas. |
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(b) An applicant for a permit, permit amendment, or permit |
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renewal for a water well under this section shall submit to the |
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district in which the well is to be located an application that: |
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(1) is written and sworn to; and |
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(2) contains: |
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(A) the information required by the district for |
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permit applications for wells used for other purposes; and |
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(B) the application filing fee adopted by the |
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district under Section 36.205(a), if applicable. |
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(c) An application filed under Subsection (b) is considered |
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administratively complete if it conforms to the requirements under |
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Subsection (b). An application for which no determination of |
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administrative completeness is made within six days after receipt |
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of the application is considered administratively complete. |
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(d) Not later than the fifth business day after the date the |
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district finds that an application for a water well permit under |
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this section is administratively complete, the district by rule |
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shall provide an interim authorization to the applicant. No |
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further district action or approval is required before the |
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applicant may drill, equip, operate, complete, or otherwise use the |
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water well under the terms of the interim authorization and |
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district rules during the period the district is considering the |
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application. The interim authorization is valid until the district |
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makes a final determination on the application. |
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(e) Except as provided in Subsections (c) and (d), the |
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district shall process and make a final determination on an |
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application under this section in the same manner that the district |
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processes and makes a final determination on a water well used for |
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another purpose. |
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(f) A district may apply to the owner or operator of a water |
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well to which this section applies the district's rules, |
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requirements, terms, conditions, or restrictions to the extent that |
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the rules, requirements, terms, conditions, or restrictions are |
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applied to owners and operators of water wells that are permitted by |
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the district and used for other purposes. A district may enforce |
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its rules adopted under this chapter or other law applicable to the |
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district against a water well to which this section applies in the |
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same manner as the district enforces its rules against water wells |
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used for other purposes. |
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SECTION 2. Subsections (b) and (d), Section 36.117, Water |
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Code, are amended 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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(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; or |
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(2) [drilling a water well 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 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 water
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well is located on the same lease or field associated with the
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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 for an oil or gas well permitted by the Railroad
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Commission of Texas;] or |
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(2) [(3)] the groundwater withdrawals that were |
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exempted under Subsection (b)(2) [(b)(3)] are no longer necessary |
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for mining activities or are greater than the amount necessary for |
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mining 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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SECTION 3. Subsection (g), Section 36.117, Water Code, is |
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amended as follows: |
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(g) A district may not deny an application for a permit to |
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drill and produce water for hydrocarbon drilling, exploration, or |
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production activities if the application meets all applicable rules |
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as promulgated by the district. |
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SECTION 4. Section 36.1133, Water Code, as added by this |
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Act, and Section 36.117, Water Code, as amended by this Act, apply |
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only to a water well for which drilling is begun on or after the |
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effective date of this Act. A water well for which drilling was |
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begun before the effective date of this Act is governed by the law |
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in effect at the time drilling was begun, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |