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A BILL TO BE ENTITLED
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AN ACT
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relating to certain exemptions from the requirement to obtain a |
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permit from 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 Subsections (f-1) and |
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(m) 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; |
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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 completion operations, for an |
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oil or gas well permitted by the Railroad Commission of Texas |
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provided that the person holding the permit is responsible for |
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drilling and operating the water well [and the water well is located
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on the same 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 completion operations, for an oil or gas well |
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permitted 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 adopted by the district |
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with uniform application to all wells in the district, except wells |
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described by Subsection (b)(1), including rules that govern: |
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(1) registration of wells; |
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(2) production and spacing requirements under Section |
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36.116; |
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(3) payment of production fees assessed by the |
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district based on the amount of water actually withdrawn from a |
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well; and |
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(4) recordkeeping and reporting related to |
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groundwater withdrawals. |
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(m) In this section, "completion operation" means the work |
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conducted to establish the production of a well after the |
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production-casing string has been set, cemented, and |
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pressure-tested. |
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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, 2015. |