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A BILL TO BE ENTITLED
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AN ACT
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relating to exemptions from groundwater conservation district |
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permit requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.117(a), (b), (c), (d), (f), (h), |
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(i), (j), and (k), Water Code, are amended to read as follows: |
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(a) A district by rule may provide an exemption [exempt
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wells] from the district's requirement to obtain [of obtaining] a |
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drilling permit, an operating permit, or any other permit required |
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by this chapter or the district's rules. |
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(b) Except as provided by this section, a [A] district shall |
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provide an exemption from the district requirement to obtain a [may
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not require any] permit [issued by the district] for: |
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(1) drilling or operating a well used solely for |
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domestic use or for providing water for livestock or poultry if the |
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well is: |
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(A) located or to be located on a tract of land |
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larger than 10 acres; and |
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(B) [that is either] drilled, completed, or |
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equipped so that it is incapable of producing more than 25,000 |
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gallons of groundwater a day; |
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(2) [the] drilling [of] a water well used solely to |
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supply water for a rig that is actively engaged in drilling or |
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exploration operations for an oil or gas well permitted by the |
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Railroad Commission of Texas provided that the person holding the |
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permit is responsible for drilling and operating the water well and |
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the water well is located on the same lease or field associated with |
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the drilling rig; or |
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(3) [the] drilling [of] a water well authorized under |
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a permit issued by the Railroad Commission of Texas under Chapter |
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134, Natural Resources Code, or for production from the [such a] |
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well to the extent the withdrawals are required for mining |
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activities regardless of any subsequent use of the water. |
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(c) A district may not restrict the production of water from |
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any well described by [that is exempt from permitting under] |
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Subsection (b)(1). |
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(d) A [Notwithstanding Subsection (b), a] district may |
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cancel a previously granted exemption, and may require an operating |
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permit for or restrict production from a well, [to be permitted by
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the district and to comply with all district rules] if: |
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(1) the [withdrawals from a] well is located in the |
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Hill Country Priority Groundwater Management Area and the |
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groundwater withdrawals that were exempted under Subsection (b)(1) |
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are no longer used solely for domestic use or to provide water for |
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livestock or poultry; |
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(2) the groundwater withdrawals that were [purpose of
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a well] exempted under Subsection (b)(2) are [is] no longer used |
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solely to supply water for a rig that is actively engaged in |
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drilling or exploration operations for an oil or gas well permitted |
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by the Railroad Commission of Texas; or |
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(3) the groundwater withdrawals that were [from a
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well] exempted under Subsection (b)(3) are no longer necessary for |
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mining activities or are greater than the amount necessary for |
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mining activities specified in the permit issued by the Railroad |
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Commission of Texas under Chapter 134, Natural Resources Code. |
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(f) A [Notwithstanding Subsection (d), a] district may |
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[not] require compliance with the district's well spacing rules for |
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the drilling of any [a] well except a well exempted under Subsection |
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(b)(3) [to comply with the spacing requirements of the district]. |
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(h) A district shall require the owner of a water well to |
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[exempted under Subsection (a) or (b) shall]: |
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(1) register the well [be registered] in accordance |
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with rules promulgated by the district; and |
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(2) equip and maintain the well [be equipped and
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maintained so as] to conform to the district's rules requiring |
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installation of casing, pipe, and fittings to prevent the escape of |
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groundwater from a groundwater reservoir to any reservoir not |
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containing groundwater and to prevent the pollution or harmful |
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alteration of the character of the water in any groundwater |
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reservoir. |
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(i) The driller of a well [exempted under Subsection (a) or
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(b)] shall file [the drilling log] with the district the well log |
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required by Section 1901.251, Occupations Code, and, if available, |
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the geophysical log. |
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(j) An exemption provided under Subsection (b) does not |
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apply to a [A] well if the groundwater withdrawn is used to supply |
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water for a subdivision of land for which a plat approval is |
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required by Chapter 232, Local Government Code[, is not exempted
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under Subsection (b)]. |
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(k) Groundwater withdrawn [from a well exempt from
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permitting or regulation] under an exemption provided in accordance |
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with this section and subsequently transported outside the |
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boundaries of the district is subject to any applicable production |
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and export fees under Sections 36.122 and 36.205. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |