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.