BILL ANALYSIS

Senate Research Center	S.B. 1746
	By: Perry
	Water, Agriculture & Rural Affairs
	6/7/2023
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

There have been some instances of frustrated landowners when getting approval for a temporary well permit. Some Districts have taken a long time to approve the permits requiring landowners to haul water in to drill their production well.

S.B. 1746 allows a temporary well that is to be used for water supply for a rig engaged in drilling a production well to be exempted from permitting at a groundwater conservation district. The substitute puts in a time limit on how long the temporary well is active.

S.B. 1746 amends current law relating to an exemption from the requirement to obtain a permit from a groundwater conservation district for certain temporary water wells.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 36.117, Water Code, by amending Subsections (b) and (d) and adding Subsection (d-1), as follows:

(b) Requires a groundwater conservation district (district), except as provided by Section 36.117 (Exemptions; Exception; Limitations), to provide an exemption from the district requirement to obtain a permit for:

(1) makes no changes to this subdivision;

(2)-(3) makes nonsubstantive changes to these subdivisions; or

(4) drilling a water well for temporary use to supply water for a rig that is actively engaged in drilling a groundwater production well permitted by the district.

(d) Authorizes a district to cancel a previously granted exemption and to require an operating permit for or restrict production from a well and assess any appropriate fees if:

(1) makes no changes to this subdivision;

(2)-(3) makes nonsubstantive changes to these subdivisions; or

(4) the groundwater withdrawals that were exempted under Subsection (b)(4) are no longer used solely to supply water for a rig that is actively engaged in drilling a groundwater production well permitted by the district.

(d-1) Prohibits an exemption for a well described by Subsection (b)(4), except as provided by this subsection, from exceeding 180 days. Authorizes a district to grant an extension of the exemption until the well is complete.

SECTION 2. Effective date: September 1, 2023. �