By: Gutierrez H.B. No. 3539
A BILL TO BE ENTITLED
AN ACT
relating to the source and supply of water used for oil and gas
exploration and production in the State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 36, Water Code, is amended
by adding Section 36.001 (31) and (32) to read as follows:
(31) "Base of Usable Quality Water" shall mean the
elevation measured in feet/mean sea level at which the total
dissolved solids contained in the groundwater in the aquifer
beneath the site at which the well is to be located is reasonably
believed to exceed a total dissolved solid content of 1,000 mg/L, as
exclusively determined by the hydrologist for the Groundwater
Advisory Unit of the Texas Railroad Commission.
(32) "Enhanced Recovery Water Source Well" or "ERWSW"
shall mean a well that is used for the production and supply of
groundwater for use in hydraulic fracturing and other ancillary oil
and gas operations, done in conjunction with enhanced recovery
operations for oil and gas exploration and production, that is
drilled and completed according to Railroad Commission guidelines
for such wells and if withdrawing water only from below the Base of
Useable Quality Water; such wells shall be under the exclusive
jurisdiction of the Texas Railroad Commission.
SECTION 2. Section 36.117, Water Code, is amended by
amending Subsection (b) thereof by adding a new Subsection (b)(4)
thereto; by amending Subsection (f) thereof; and by adding a new
Subsection (m) thereto; to read as follows:
(b) Except as provided by this section, a district shall
provide an exemption from the district requirement to obtain a
permit for:
or (4) drilling or operating an Enhanced Recovery Water
Source Well which penetrates the Base of Useable Quality Water.
(f) A district may require compliance with the district's
well spacing rules for the drilling of any well except a well
exempted under Subsection (b)(3) or (b)(4).
(m) An entity holding a permit issued by the Railroad
Commission of Texas under Section 91.101, Natural Resources Code,
that authorizes the drilling or operation of an Enhanced Recovery
Water Source Well which penetrates the Base of Useable Quality
Water shall report monthly to the district:
(1) Provide the location, depth of the well and
operator information with the district;
(2) Provide a copy of the well driller's log to the
district;
(3) Provide water quality and water level data to the
district;
(4) The total amount of water withdraw during each
month;
(5) The quantity of water necessary to supply water
for hydraulic fracturing and other ancillary oil and gas
operations;
(6) The quantity of water withdrawn for other
purposes.
SECTION 3. Section 91.001, Natural Resources Code, is
amended by adding Subsection (4) thereof; to read as follows:
Sec. 91.001. DEFINITIONS.
(4) "Base of Useable Quality Water" has the meaning
assigned by Section 36.001(31), Water Code.
(5) "Enhanced Recovery Water Source Well" or "ERWSW"
has the same meaning assigned by 36.001(32), Water Code.
SECTION 4. Section 91.101, Natural Resources Code, is
amended by adding a Subsection (a)(2)(G) thereto; and by adding a
Subsection (c) thereto; to read as follows:
(a) To prevent pollution of surface water or subsurface
water in the state, the commission shall adopt and enforce rules and
orders and may issue permits relating to:
(2) the production of oil and gas, including:
(G) activities associated with the drilling or
operation of an Enhanced Recovery Water Source Well which penetrate
the Base of Useable Quality Water;
(c) Except as provided by Section 36.117(m), Water Code, the
Commission has exclusive jurisdiction over the activities
described by Subsection (a)(2)(G).
SECTION 5. Within 30 days after the Texas Railroad
Commission receives an application for an Enhanced Water Source
Recovery Well or injection water source supply well, the
groundwater advisory unit of the Texas Railroad Commission shall
determine the Base of Useable Quality Water for each aquifer at the
site for which the well is to be drilled.
SECTION 6. 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, 2013.