Relating to an exemption from the requirement to obtain a permit from a groundwater conservation district for certain brackish groundwater wells.

89(R) HB 5188 - Introduced version - Bill Text

89R6008 JBD-D

By: Lopez of Cameron

H.B. No. 5188

A BILL TO BE ENTITLED

AN ACT

relating to an exemption from the requirement to obtain a permit

from a groundwater conservation district for certain brackish

groundwater wells.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 36.117(b) and (d), Water Code, are

amended 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;

(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
; or

(5)

drilling or operating a well for the withdrawal of

groundwater from a designated brackish groundwater production

zone, as defined by Section 36.1015, if the operator of the well

provides the district with documentation from a licensed water well

driller or another similarly qualified third party showing that the

well produces water with an average total dissolved solids

concentration of at least 3,000 milligrams per liter
.

(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;

(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
; or

(5)

for groundwater withdrawals that were exempted

under Subsection (b)(5):

(A)

the withdrawals are no longer from a

designated brackish groundwater production zone, as defined by

Section 36.1015; or

(B)

the groundwater produced has an average total

dissolved solids concentration of less than 3,000 milligrams per

liter
.

SECTION 2. This Act takes effect September 1, 2025.