HBA-CBW H.B. 3587 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3587
By: Walker
Natural Resources
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, water wells that produce less than 25,000 gallons of
water per day are exempt from the groundwater conservation district
(district) permitting process.  This broad exemption may be interfering
with some district's ability to properly manage groundwater resources.
House Bill 3587 reduces the scope of this permitting process exemption to
include only certain water wells capable of producing less than 25,000
gallons of water per day. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3587 amends the Water Code to prohibit a groundwater
conservation district (district) from requiring any permit issued by the
district for the following: 

  _a well solely for domestic use, or providing water for livestock or
poultry, on a tract of land larger than ten acres that is incapable of
producing more than 25,000 gallons of groundwater a day; 

  _the drilling of a water well used to supply water solely for a drilling
rig which is actively engaged in drilling or exploration operations for a
well that is permitted by the Railroad Commission of Texas (commission); 

  _the drilling of a water well permitted by the commission under the Texas
Surface Coal Mining and Reclamation Act or production from any such well
the extent the withdrawals are required for mining purposes regardless of
any subsequent use of the water. 

The bill deletes language that prohibits a district from requiring a permit
for the drilling or alteration of the size of a well or that restricts the
production of a well if the water produced or to be produced from the well
is used or to be used to supply the domestic needs of 10 or fewer
households or for feeding livestock and poultry connected with farming,
ranching, or dairy enterprises. The bill deletes the provision prohibiting
a district from requiring a permit for water wells supplying water for
hydrocarbon production activities. The bill deletes language that requires
the Texas Water Development Board to adopt rules regarding facilities used
primarily for feeding livestock and deletes language that prohibits the
district from denying the owner or lessee of a tract of land that has no
well equipped to produce more than 25,000 gallons a day either a permit to
drill a well on the land or the privilege to produce groundwater from the
land, subject to the rules of the district. The bill prohibits a district
from restricting the production of certain wells that are incapable of
producing more than 25,000 gallons of groundwater a day. 

The bill requires an entity holding a permit from the commission under the
Texas Surface Coal Mining and  Reclamation Act to report to the district on
a monthly basis the total amount of water withdrawn, the quantity necessary
for mining purposes, and the quantity withdrawn for other purposes and
prohibits a district from requiring such a well to comply with the spacing
requirements of the district. The bill removes language that sets forth
that nothing in the Act applies to wells drilled for oil, gas, sulphur,
uranium, or brine, or for core tests, or for injection of gas, saltwater,
or other fluid, or for any other purpose. The bill deletes the provision
that water wells drilled after September 1, 1997, to supply water for
hydrocarbon production activities must meet the spacing requirements of the
district unless no space is available within 300 feet of the production
well or the central injection station. 

The bill prohibits the district from denying an application for a permit to
drill and produce water for hydrocarbon production activities if the
application is in compliance with the spacing, density, and production
rules of the district. The bill deletes the provision requiring exempted
water wells to be equipped and maintained so as to conform to the
district's rules.  The bill modifies provisions regarding the registration
of exempt water wells and requires an exempt water well to have the
drilling log for the well filed with the district by the driller of the
well. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.