Texas 2011 - 82nd Regular

Texas Senate Bill SB692 Compare Versions

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Old	New	Differences
1	1	By: Estes S.B. No. 692
2	2	(Miller of Comal)
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. Subsections (a) through (d), (f), and (h)
11	11	through (k), Section 36.117, Water Code, are amended to read as
12	12	follows:
13	13	(a) A district by rule may provide an exemption [exempt
14	14	wells] from the district's requirement to obtain [of obtaining] a
15	15	drilling permit, an operating permit, or any other permit required
16	16	by this chapter or the district's rules.
17	17	(b) Except as provided by this section, a [A] district shall
18	18	provide an exemption from the district requirement to obtain a [may
19	19	not require any] permit [issued by the district] for:
20	20	(1) drilling or operating a well used solely for
21	21	domestic use or for providing water for livestock or poultry if the
22	22	well is:
23	23	(A) located or to be located on a tract of land
24	24	larger than 10 acres; and
25	25	(B) [that is either] drilled, completed, or
26	26	equipped so that it is incapable of producing more than 25,000
27	27	gallons of groundwater a day;
28	28	(2) [the] drilling [of] a water well used solely to
29	29	supply water for a rig that is actively engaged in drilling or
30	30	exploration operations for an oil or gas well permitted by the
31	31	Railroad Commission of Texas provided that the person holding the
32	32	permit is responsible for drilling and operating the water well and
33	33	the water well is located on the same lease or field associated with
34	34	the drilling rig; or
35	35	(3) [the] drilling [of] a water well authorized under
36	36	a permit issued by the Railroad Commission of Texas under Chapter
37	37	134, Natural Resources Code, or for production from the [such a]
38	38	well to the extent the withdrawals are required for mining
39	39	activities regardless of any subsequent use of the water.
40	40	(c) A district may not restrict the production of water from
41	41	any well described by [that is exempt from permitting under]
42	42	Subsection (b)(1).
43	43	(d) A [Notwithstanding Subsection (b), a] district may
44	44	cancel a previously granted exemption, and may require an operating
45	45	permit for or restrict production from a well, [to be permitted by
46	46	the district and to comply with all district rules] if:
47	47	(1) the [withdrawals from a] well is located in the
48	48	Hill Country Priority Groundwater Management Area and the
49	49	groundwater withdrawals that were exempted under Subsection (b)(1)
50	50	are no longer used solely for domestic use or to provide water for
51	51	livestock or poultry;
52	52	(2) the groundwater withdrawals that were [purpose of
53	53	a well] exempted under Subsection (b)(2) are [is] no longer used
54	54	solely to supply water for a rig that is actively engaged in
55	55	drilling or exploration operations for an oil or gas well permitted
56	56	by the Railroad Commission of Texas; or
57	57	(3) the groundwater withdrawals that were [from a
58	58	well] exempted under Subsection (b)(3) are no longer necessary for
59	59	mining activities or are greater than the amount necessary for
60	60	mining activities specified in the permit issued by the Railroad
61	61	Commission of Texas under Chapter 134, Natural Resources Code.
62	62	(f) A [Notwithstanding Subsection (d), a] district may
63	63	[not] require compliance with the district's well spacing rules for
64	64	the drilling of any [a] well except a well exempted under Subsection
65	65	(b)(3) [to comply with the spacing requirements of the district].
66	66	(h) A district shall require the owner of a water well to
67	67	[exempted under Subsection (a) or (b) shall]:
68	68	(1) register the well [be registered] in accordance
69	69	with rules promulgated by the district; and
70	70	(2) equip and maintain the well [be equipped and
71	71	maintained so as] to conform to the district's rules requiring
72	72	installation of casing, pipe, and fittings to prevent the escape of
73	73	groundwater from a groundwater reservoir to any reservoir not
74	74	containing groundwater and to prevent the pollution or harmful
75	75	alteration of the character of the water in any groundwater
76	76	reservoir.
77	77	(i) The driller of a well [exempted under Subsection (a) or
78	78	(b)] shall file [the drilling log] with the district the well log
79	79	required by Section 1901.251, Occupations Code, and, if available,
80	80	the geophysical log.
81	81	(j) An exemption provided under Subsection (b) does not
82	82	apply to a [A] well if the groundwater withdrawn is used to supply
83	83	water for a subdivision of land for which a plat approval is
84	84	required by Chapter 232, Local Government Code[, is not exempted
85	85	under Subsection (b)].
86	86	(k) Groundwater withdrawn [from a well exempt from
87	87	permitting or regulation] under an exemption provided in accordance
88	88	with this section and subsequently transported outside the
89	89	boundaries of the district is subject to any applicable production
90	90	and export fees under Sections 36.122 and 36.205.
91	91	SECTION 2. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2011.