S.B. No. 1746
AN ACT
relating to an exemption from the requirement to obtain a permit
from a groundwater conservation district for certain temporary
water wells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.117, Water Code, is amended by
amending Subsections (b) and (d) and adding Subsection (d-1) 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:
(1) drilling or operating a well used solely for
domestic use or for providing water for livestock or poultry if the
well is:
(A) located or to be located on a tract of land
larger than 10 acres; and
(B) drilled, completed, or equipped so that it is
incapable of producing more than 25,000 gallons of groundwater a
day;
(2) drilling a water well used solely to supply water
for a rig that is actively engaged in drilling or exploration
operations for an oil or gas well permitted by the Railroad
Commission of Texas provided that the person holding the permit is
responsible for drilling and operating the water well and the water
well is located on the same lease or field associated with the
drilling rig; [or]
(3) drilling a water well authorized under a permit
issued by the Railroad Commission of Texas under Chapter 134,
Natural Resources Code, or for production from the well to the
extent the withdrawals are required for mining activities
regardless of any subsequent use of the water; 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) A district may cancel a previously granted exemption and
may require an operating permit for or restrict production from a
well and assess any appropriate fees if:
(1) the groundwater withdrawals that were exempted
under Subsection (b)(1) are no longer used solely for domestic use
or to provide water for livestock or poultry;
(2) the groundwater withdrawals that were exempted
under Subsection (b)(2) are no longer used solely to supply water
for a rig that is actively engaged in drilling or exploration
operations for an oil or gas well permitted by the Railroad
Commission of Texas; [or]
(3) the groundwater withdrawals that were exempted
under Subsection (b)(3) are no longer necessary for mining
activities or are greater than the amount necessary for mining
activities specified in the permit issued by the Railroad
Commission of Texas under Chapter 134, Natural Resources Code; 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) Except as provided by this subsection, an exemption
for a well described by Subsection (b)(4) may not exceed 180 days.
A district may grant an extension of the exemption until the well is
complete.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1746 passed the Senate on
April 12, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1746 passed the House on
May 24, 2023, by the following vote: Yeas 120, Nays 18, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor