81R6194 TRH-F
By: Hilderbran H.B. No. 4258
A BILL TO BE ENTITLED
AN ACT
relating to the regulation by groundwater conservation districts of
the drilling of certain water wells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1165 to read as follows:
Sec. 36.1165. RESTRICTION ON DRILLING OF WELLS NEAR CERTAIN
RIVERS AND THEIR TRIBUTARIES. A person may not drill a well in the
portion of the territory of a district that is located within 100
feet of the gradient boundary of the Frio, North Llano, Llano, West
Nueces, Nueces, or San Saba River, or any tributary of one of those
rivers, unless the well is:
(1) exempt from the permitting requirements of Section
36.117(b)(1); and
(2) drilled, completed, or equipped so that it is
incapable of producing more than:
(A) 10 gallons of groundwater per minute; or
(B) five acre-feet of groundwater per year.
SECTION 2. Section 36.117(b), Water Code, is amended to
read as follows:
(b) A district may not require any permit issued by the
district for:
(1) a well used solely for domestic use or for
providing water for livestock, [or] poultry, or wildlife on a tract
of land larger than 10 acres that is either drilled, completed, or
equipped so that it is incapable of producing more than 25,000
gallons of groundwater a day;
(2) the drilling of 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 well
is located on the same lease or field associated with the drilling
rig; or
(3) the drilling of a water well authorized under a
permit issued by the Railroad Commission of Texas under Chapter
134, Natural Resources Code, or for production from such a well to
the extent the withdrawals are required for mining activities
regardless of any subsequent use of the water.
SECTION 3. The changes in law made by Section 36.1165, Water
Code, as added by this Act, apply only to a well for which drilling
is commenced on or after the effective date of this Act. A well for
which drilling is commenced before the effective date of this Act is
subject to the law in effect on the date drilling is commenced, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.