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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from the requirement to obtain a permit |
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from a groundwater conservation district for certain brackish |
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groundwater wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.117(b) and (d), Water Code, are |
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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; |
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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; |
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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; [or] |
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(4) drilling a water well for temporary use to supply |
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water for a rig that is actively engaged in drilling a groundwater |
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production well permitted by the district; or |
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(5) drilling or operating a well for the withdrawal of |
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groundwater from a designated brackish groundwater production |
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zone, as defined by Section 36.1015, if the operator of the well |
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provides the district with documentation from a licensed water well |
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driller or another similarly qualified third party showing that the |
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well produces water with an average total dissolved solids |
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concentration of at least 3,000 milligrams per liter. |
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(d) A district may cancel a previously granted exemption and |
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may require an operating permit for or restrict production from a |
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well and assess any appropriate fees if: |
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(1) the groundwater withdrawals that were exempted |
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under Subsection (b)(1) are no longer used solely for domestic use |
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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; |
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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; [or] |
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(4) the groundwater withdrawals that were exempted |
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under Subsection (b)(4) are no longer used solely to supply water |
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for a rig that is actively engaged in drilling a groundwater |
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production well permitted by the district; or |
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(5) for groundwater withdrawals that were exempted |
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under Subsection (b)(5): |
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(A) the withdrawals are no longer from a |
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designated brackish groundwater production zone, as defined by |
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Section 36.1015; or |
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(B) the groundwater produced has an average total |
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dissolved solids concentration of less than 3,000 milligrams per |
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liter. |
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SECTION 2. This Act takes effect September 1, 2025. |