By: Perry S.B. No. 1746
 
  (Bell of Montgomery)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from the requirement to obtain a permit
  from a groundwater conservation district for certain temporary
  water wells.
         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 (d-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 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; 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)  A district may cancel a previously granted exemption and
  may require an operating permit for or restrict production from a
  well and assess any appropriate fees if:
               (1)  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 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; 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)  Except as provided by this subsection, an exemption
  for a well described by Subsection (b)(4) may not exceed 180 days.  
  A district may grant an extension of the exemption until the well is
  complete.
         SECTION 2.  This Act takes effect September 1, 2023.