82R1536 SGA-F
By: Miller of Comal, et al. H.B. No. 2311
A BILL TO BE ENTITLED
AN ACT
relating to exemptions from groundwater conservation district
permit requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 36.117(a), (b), (c), (d), (f), (h),
(i), (j), and (k), Water Code, are amended to read as follows:
(a) A district by rule may provide an exemption [exempt
wells] from the district's requirement to obtain [of obtaining] a
drilling permit, an operating permit, or any other permit required
by this chapter or the district's rules.
(b) Except as provided by this section, a [A] district shall
provide an exemption from the district requirement to obtain a [may
not require any] permit [issued by the district] 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) [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 water 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 the [such a]
well to the extent the withdrawals are required for mining
activities regardless of any subsequent use of the water.
(c) A district may not restrict the production of water from
any well described by [that is exempt from permitting under]
Subsection (b)(1).
(d) A [Notwithstanding Subsection (b), a] district may
cancel a previously granted exemption, and may require an operating
permit for or restrict production from a well, [to be permitted by
the district and to comply with all district rules] if:
(1) the [withdrawals from a] well is located in the
Hill Country Priority Groundwater Management Area and 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 [purpose of
a well] exempted under Subsection (b)(2) are [is] 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 [from a
well] 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.
(f) A [Notwithstanding Subsection (d), a] district may
[not] require compliance with the district's well spacing rules for
the drilling of any [a] well except a well exempted under Subsection
(b)(3) [to comply with the spacing requirements of the district].
(h) A district shall require the owner of a water well to
[exempted under Subsection (a) or (b) shall]:
(1) register the well [be registered] in accordance
with rules promulgated by the district; and
(2) equip and maintain the well [be equipped and
maintained so as] to conform to the district's rules requiring
installation of casing, pipe, and fittings to prevent the escape of
groundwater from a groundwater reservoir to any reservoir not
containing groundwater and to prevent the pollution or harmful
alteration of the character of the water in any groundwater
reservoir.
(i) The driller of a well [exempted under Subsection (a) or
(b)] shall file [the drilling log] with the district the well log
required by Section 1901.251, Occupations Code, and, if available,
the geophysical log.
(j) An exemption provided under Subsection (b) does not
apply to a [A] well if the groundwater withdrawn is used to supply
water for a subdivision of land for which a plat approval is
required by Chapter 232, Local Government Code[, is not exempted
under Subsection (b)].
(k) Groundwater withdrawn [from a well exempt from
permitting or regulation] under an exemption provided in accordance
with this section and subsequently transported outside the
boundaries of the district is subject to any applicable production
and export fees under Sections 36.122 and 36.205.
SECTION 2. 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, 2011.