BILL ANALYSIS Senate Research Center S.B. 1746 By: Perry Water, Agriculture & Rural Affairs 6/7/2023 Enrolled AUTHOR'S / SPONSOR'S STATEMENT OF INTENT There have been some instances of frustrated landowners when getting approval for a temporary well permit. Some Districts have taken a long time to approve the permits requiring landowners to haul water in to drill their production well. S.B. 1746 allows a temporary well that is to be used for water supply for a rig engaged in drilling a production well to be exempted from permitting at a groundwater conservation district. The substitute puts in a time limit on how long the temporary well is active. S.B. 1746 amends current law relating to an exemption from the requirement to obtain a permit from a groundwater conservation district for certain temporary water wells. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 36.117, Water Code, by amending Subsections (b) and (d) and adding Subsection (d-1), as follows: (b) Requires a groundwater conservation district (district), except as provided by Section 36.117 (Exemptions; Exception; Limitations), to provide an exemption from the district requirement to obtain a permit for: (1) makes no changes to this subdivision; (2)-(3) makes nonsubstantive changes to these subdivisions; or (4) drilling a water well for temporary use to supply water for a rig that is actively engaged in drilling a groundwater production well permitted by the district. (d) Authorizes a district to cancel a previously granted exemption and to require an operating permit for or restrict production from a well and assess any appropriate fees if: (1) makes no changes to this subdivision; (2)-(3) makes nonsubstantive changes to these subdivisions; or (4) the groundwater withdrawals that were exempted under Subsection (b)(4) are no longer used solely to supply water for a rig that is actively engaged in drilling a groundwater production well permitted by the district. (d-1) Prohibits an exemption for a well described by Subsection (b)(4), except as provided by this subsection, from exceeding 180 days. Authorizes a district to grant an extension of the exemption until the well is complete. SECTION 2. Effective date: September 1, 2023.
BILL ANALYSIS
Senate Research Center S.B. 1746
By: Perry
Water, Agriculture & Rural Affairs
6/7/2023
Enrolled
Senate Research Center
S.B. 1746
By: Perry
Water, Agriculture & Rural Affairs
6/7/2023
Enrolled
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
There have been some instances of frustrated landowners when getting approval for a temporary well permit. Some Districts have taken a long time to approve the permits requiring landowners to haul water in to drill their production well.
S.B. 1746 allows a temporary well that is to be used for water supply for a rig engaged in drilling a production well to be exempted from permitting at a groundwater conservation district. The substitute puts in a time limit on how long the temporary well is active.
S.B. 1746 amends current law relating to an exemption from the requirement to obtain a permit from a groundwater conservation district for certain temporary water wells.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 36.117, Water Code, by amending Subsections (b) and (d) and adding Subsection (d-1), as follows:
(b) Requires a groundwater conservation district (district), except as provided by Section 36.117 (Exemptions; Exception; Limitations), to provide an exemption from the district requirement to obtain a permit for:
(1) makes no changes to this subdivision;
(2)-(3) makes nonsubstantive changes to these subdivisions; or
(4) drilling a water well for temporary use to supply water for a rig that is actively engaged in drilling a groundwater production well permitted by the district.
(d) Authorizes a district to cancel a previously granted exemption and to require an operating permit for or restrict production from a well and assess any appropriate fees if:
(1) makes no changes to this subdivision;
(2)-(3) makes nonsubstantive changes to these subdivisions; or
(4) the groundwater withdrawals that were exempted under Subsection (b)(4) are no longer used solely to supply water for a rig that is actively engaged in drilling a groundwater production well permitted by the district.
(d-1) Prohibits an exemption for a well described by Subsection (b)(4), except as provided by this subsection, from exceeding 180 days. Authorizes a district to grant an extension of the exemption until the well is complete.
SECTION 2. Effective date: September 1, 2023.