Texas 2011 - 82nd Regular

Texas House Bill HB2311 Compare Versions

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1	1	82R1536 SGA-F
2	2	By: Miller of Comal, et al. H.B. No. 2311
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exemptions from groundwater conservation district
8	8	permit requirements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 36.117(a), (b), (c), (d), (f), (h),
11	11	(i), (j), and (k), Water Code, are amended to read as follows:
12	12	(a) A district by rule may provide an exemption [exempt
13	13	wells] from the district's requirement to obtain [of obtaining] a
14	14	drilling permit, an operating permit, or any other permit required
15	15	by this chapter or the district's rules.
16	16	(b) Except as provided by this section, a [A] district shall
17	17	provide an exemption from the district requirement to obtain a [may
18	18	not require any] permit [issued by the district] for:
19	19	(1) drilling or operating a well used solely for
20	20	domestic use or for providing water for livestock or poultry if the
21	21	well is:
22	22	(A) located or to be located on a tract of land
23	23	larger than 10 acres; and
24	24	(B) [that is either] drilled, completed, or
25	25	equipped so that it is incapable of producing more than 25,000
26	26	gallons of groundwater a day;
27	27	(2) [the] drilling [of] a water well used solely to
28	28	supply water for a rig that is actively engaged in drilling or
29	29	exploration operations for an oil or gas well permitted by the
30	30	Railroad Commission of Texas provided that the person holding the
31	31	permit is responsible for drilling and operating the water well and
32	32	the water well is located on the same lease or field associated with
33	33	the drilling rig; or
34	34	(3) [the] drilling [of] a water well authorized under
35	35	a permit issued by the Railroad Commission of Texas under Chapter
36	36	134, Natural Resources Code, or for production from the [such a]
37	37	well to the extent the withdrawals are required for mining
38	38	activities regardless of any subsequent use of the water.
39	39	(c) A district may not restrict the production of water from
40	40	any well described by [that is exempt from permitting under]
41	41	Subsection (b)(1).
42	42	(d) A [Notwithstanding Subsection (b), a] district may
43	43	cancel a previously granted exemption, and may require an operating
44	44	permit for or restrict production from a well, [to be permitted by
45	45	the district and to comply with all district rules] if:
46	46	(1) the [withdrawals from a] well is located in the
47	47	Hill Country Priority Groundwater Management Area and the
48	48	groundwater withdrawals that were exempted under Subsection (b)(1)
49	49	are no longer used solely for domestic use or to provide water for
50	50	livestock or poultry;
51	51	(2) the groundwater withdrawals that were [purpose of
52	52	a well] exempted under Subsection (b)(2) are [is] no longer used
53	53	solely to supply water for a rig that is actively engaged in
54	54	drilling or exploration operations for an oil or gas well permitted
55	55	by the Railroad Commission of Texas; or
56	56	(3) the groundwater withdrawals that were [from a
57	57	well] exempted under Subsection (b)(3) are no longer necessary for
58	58	mining activities or are greater than the amount necessary for
59	59	mining activities specified in the permit issued by the Railroad
60	60	Commission of Texas under Chapter 134, Natural Resources Code.
61	61	(f) A [Notwithstanding Subsection (d), a] district may
62	62	[not] require compliance with the district's well spacing rules for
63	63	the drilling of any [a] well except a well exempted under Subsection
64	64	(b)(3) [to comply with the spacing requirements of the district].
65	65	(h) A district shall require the owner of a water well to
66	66	[exempted under Subsection (a) or (b) shall]:
67	67	(1) register the well [be registered] in accordance
68	68	with rules promulgated by the district; and
69	69	(2) equip and maintain the well [be equipped and
70	70	maintained so as] to conform to the district's rules requiring
71	71	installation of casing, pipe, and fittings to prevent the escape of
72	72	groundwater from a groundwater reservoir to any reservoir not
73	73	containing groundwater and to prevent the pollution or harmful
74	74	alteration of the character of the water in any groundwater
75	75	reservoir.
76	76	(i) The driller of a well [exempted under Subsection (a) or
77	77	(b)] shall file [the drilling log] with the district the well log
78	78	required by Section 1901.251, Occupations Code, and, if available,
79	79	the geophysical log.
80	80	(j) An exemption provided under Subsection (b) does not
81	81	apply to a [A] well if the groundwater withdrawn is used to supply
82	82	water for a subdivision of land for which a plat approval is
83	83	required by Chapter 232, Local Government Code[, is not exempted
84	84	under Subsection (b)].
85	85	(k) Groundwater withdrawn [from a well exempt from
86	86	permitting or regulation] under an exemption provided in accordance
87	87	with this section and subsequently transported outside the
88	88	boundaries of the district is subject to any applicable production
89	89	and export fees under Sections 36.122 and 36.205.
90	90	SECTION 2. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2011.