BILL ANALYSIS Senate Research Center C.S.S.B. 1746 88R13032 SCP-F By: Perry Water, Agriculture & Rural Affairs 4/3/2023 Committee Report (Substituted) 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 time limit on how long the temporary well is active. C.S.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 C.S.S.B. 1746
88R13032 SCP-F By: Perry
Water, Agriculture & Rural Affairs
4/3/2023
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1746
88R13032 SCP-F
By: Perry
Water, Agriculture & Rural Affairs
4/3/2023
Committee Report (Substituted)
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 time limit on how long the temporary well is active.
C.S.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.