| 1 | 1 | | S.B. No. 1746 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to an exemption from the requirement to obtain a permit |
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| 6 | 6 | | from a groundwater conservation district for certain temporary |
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| 7 | 7 | | water wells. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 36.117, Water Code, is amended by |
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| 10 | 10 | | amending Subsections (b) and (d) and adding Subsection (d-1) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) Except as provided by this section, a district shall |
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| 13 | 13 | | provide an exemption from the district requirement to obtain a |
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| 14 | 14 | | permit for: |
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| 15 | 15 | | (1) drilling or operating a well used solely for |
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| 16 | 16 | | domestic use or for providing water for livestock or poultry if the |
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| 17 | 17 | | well is: |
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| 18 | 18 | | (A) located or to be located on a tract of land |
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| 19 | 19 | | larger than 10 acres; and |
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| 20 | 20 | | (B) drilled, completed, or equipped so that it is |
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| 21 | 21 | | incapable of producing more than 25,000 gallons of groundwater a |
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| 22 | 22 | | day; |
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| 23 | 23 | | (2) drilling a water well used solely to supply water |
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| 24 | 24 | | for a rig that is actively engaged in drilling or exploration |
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| 25 | 25 | | operations for an oil or gas well permitted by the Railroad |
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| 26 | 26 | | Commission of Texas provided that the person holding the permit is |
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| 27 | 27 | | responsible for drilling and operating the water well and the water |
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| 28 | 28 | | well is located on the same lease or field associated with the |
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| 29 | 29 | | drilling rig; [or] |
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| 30 | 30 | | (3) drilling a water well authorized under a permit |
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| 31 | 31 | | issued by the Railroad Commission of Texas under Chapter 134, |
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| 32 | 32 | | Natural Resources Code, or for production from the well to the |
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| 33 | 33 | | extent the withdrawals are required for mining activities |
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| 34 | 34 | | regardless of any subsequent use of the water; or |
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| 35 | 35 | | (4) drilling a water well for temporary use to supply |
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| 36 | 36 | | water for a rig that is actively engaged in drilling a groundwater |
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| 37 | 37 | | production well permitted by the district. |
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| 38 | 38 | | (d) A district may cancel a previously granted exemption and |
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| 39 | 39 | | may require an operating permit for or restrict production from a |
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| 40 | 40 | | well and assess any appropriate fees if: |
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| 41 | 41 | | (1) the groundwater withdrawals that were exempted |
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| 42 | 42 | | under Subsection (b)(1) are no longer used solely for domestic use |
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| 43 | 43 | | or to provide water for livestock or poultry; |
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| 44 | 44 | | (2) the groundwater withdrawals that were exempted |
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| 45 | 45 | | under Subsection (b)(2) are no longer used solely to supply water |
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| 46 | 46 | | for a rig that is actively engaged in drilling or exploration |
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| 47 | 47 | | operations for an oil or gas well permitted by the Railroad |
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| 48 | 48 | | Commission of Texas; [or] |
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| 49 | 49 | | (3) the groundwater withdrawals that were exempted |
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| 50 | 50 | | under Subsection (b)(3) are no longer necessary for mining |
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| 51 | 51 | | activities or are greater than the amount necessary for mining |
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| 52 | 52 | | activities specified in the permit issued by the Railroad |
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| 53 | 53 | | Commission of Texas under Chapter 134, Natural Resources Code; or |
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| 54 | 54 | | (4) the groundwater withdrawals that were exempted |
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| 55 | 55 | | under Subsection (b)(4) are no longer used solely to supply water |
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| 56 | 56 | | for a rig that is actively engaged in drilling a groundwater |
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| 57 | 57 | | production well permitted by the district. |
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| 58 | 58 | | (d-1) Except as provided by this subsection, an exemption |
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| 59 | 59 | | for a well described by Subsection (b)(4) may not exceed 180 days. |
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| 60 | 60 | | A district may grant an extension of the exemption until the well is |
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| 61 | 61 | | complete. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 63 | 63 | | ______________________________ ______________________________ |
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| 64 | 64 | | President of the Senate Speaker of the House |
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| 65 | 65 | | I hereby certify that S.B. No. 1746 passed the Senate on |
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| 66 | 66 | | April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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| 67 | 67 | | ______________________________ |
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| 68 | 68 | | Secretary of the Senate |
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| 69 | 69 | | I hereby certify that S.B. No. 1746 passed the House on |
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| 70 | 70 | | May 24, 2023, by the following vote: Yeas 120, Nays 18, one |
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| 71 | 71 | | present not voting. |
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| 72 | 72 | | ______________________________ |
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| 73 | 73 | | Chief Clerk of the House |
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| 74 | 74 | | Approved: |
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| 75 | 75 | | ______________________________ |
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| 76 | 76 | | Date |
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| 77 | 77 | | ______________________________ |
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| 78 | 78 | | Governor |
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