| 1 | 1 | | 84R5049 SLB-F |
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| 2 | 2 | | By: Craddick H.B. No. 2132 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain exemptions from the requirement to obtain a |
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| 8 | 8 | | permit from a groundwater conservation district; authorizing a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 36.117, Water Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (d) and adding Subsection (f-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) Except as provided by this section, a district shall |
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| 14 | 14 | | provide an exemption from the district requirement to obtain a |
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| 15 | 15 | | permit for drilling or operating a well and producing groundwater |
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| 16 | 16 | | for beneficial use from a well: |
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| 17 | 17 | | (1) [drilling or operating a well] used [solely] for |
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| 18 | 18 | | domestic use or for providing water for livestock or poultry if the |
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| 19 | 19 | | well is: |
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| 20 | 20 | | (A) located or to be located on a tract of land |
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| 21 | 21 | | larger than 10 acres; and |
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| 22 | 22 | | (B) drilled, completed, or equipped so that it is |
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| 23 | 23 | | incapable of producing more than 25,000 gallons of groundwater a |
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| 24 | 24 | | day; |
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| 25 | 25 | | (2) [drilling a water well] used [solely] to supply |
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| 26 | 26 | | water for operations related to oil and gas exploration, |
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| 27 | 27 | | development, or production, including hydraulic fracturing or [a |
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| 28 | 28 | | rig that is actively engaged in] drilling, completing, |
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| 29 | 29 | | recompleting, stimulating, reworking, or deepening [or exploration |
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| 30 | 30 | | operations for] an oil or gas well permitted by the Railroad |
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| 31 | 31 | | Commission of Texas provided that the person seeking the exemption |
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| 32 | 32 | | is responsible for drilling or operating the oil, gas, or water well |
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| 33 | 33 | | [holding the permit is responsible for drilling and operating the |
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| 34 | 34 | | water well and the water well is located on the same lease or field |
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| 35 | 35 | | associated with the drilling rig]; or |
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| 36 | 36 | | (3) used as [drilling a water well] authorized under a |
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| 37 | 37 | | permit issued by the Railroad Commission of Texas under Chapter |
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| 38 | 38 | | 134, Natural Resources Code, [or] for production [from the well] to |
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| 39 | 39 | | the extent the withdrawals from the well are required for mining |
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| 40 | 40 | | activities regardless of any subsequent use of the water. |
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| 41 | 41 | | (d) A district may cancel a previously granted exemption, |
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| 42 | 42 | | and may require an operating permit for or restrict production from |
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| 43 | 43 | | a well, if: |
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| 44 | 44 | | (1) the well is located in the Hill Country Priority |
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| 45 | 45 | | Groundwater Management Area and the groundwater withdrawals that |
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| 46 | 46 | | were exempted under Subsection (b)(1) are no longer used solely for |
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| 47 | 47 | | domestic use or to provide water for livestock or poultry; |
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| 48 | 48 | | (2) the groundwater withdrawals that were exempted |
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| 49 | 49 | | under Subsection (b)(2) are no longer used [solely] to supply water |
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| 50 | 50 | | for [a rig that is actively engaged in drilling or exploration |
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| 51 | 51 | | operations for] an oil or gas well permitted by the Railroad |
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| 52 | 52 | | Commission of Texas; or |
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| 53 | 53 | | (3) the groundwater withdrawals that were exempted |
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| 54 | 54 | | under Subsection (b)(3) are no longer necessary for mining |
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| 55 | 55 | | activities or are greater than the amount necessary for mining |
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| 56 | 56 | | activities specified in the permit issued by the Railroad |
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| 57 | 57 | | Commission of Texas under Chapter 134, Natural Resources Code. |
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| 58 | 58 | | (f-1) The owner or operator of a water well exempt under |
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| 59 | 59 | | Subsection (b)(2) shall comply with rules adopted by the district |
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| 60 | 60 | | for wells described by Subsection (b)(2) that govern: |
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| 61 | 61 | | (1) registration of wells; |
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| 62 | 62 | | (2) production requirements with uniform application |
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| 63 | 63 | | to all wells in the district, provided that the allowable |
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| 64 | 64 | | production must equal or exceed the highest production amount |
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| 65 | 65 | | allowed for any well in the district regardless of the water's use |
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| 66 | 66 | | or whether the well is exempt under district rules; |
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| 67 | 67 | | (3) payment of production fees assessed by the |
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| 68 | 68 | | district based on the amount of water actually withdrawn from a |
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| 69 | 69 | | well, provided that the production fee may not exceed a fee adopted |
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| 70 | 70 | | by the district under Section 36.205(c)(2) for municipal purposes |
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| 71 | 71 | | inside the district; |
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| 72 | 72 | | (4) recordkeeping and reporting related to |
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| 73 | 73 | | groundwater withdrawals consistent with the requirements uniformly |
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| 74 | 74 | | imposed on nonexempt wells; and |
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| 75 | 75 | | (5) filing an accurate drillers' log and electronic |
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| 76 | 76 | | log for any exempt well drilled under Subsection (b)(2) after |
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| 77 | 77 | | September 1, 2015. |
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| 78 | 78 | | SECTION 2. This Act takes effect September 1, 2015. |
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