Highlights 77th Texas Legislature - Senate

_______________ N ATURAL
/Water
ATURAL RESOURCES/Water
77 th Texas Legislature
With regard to groundwater district ability to grant exemptions to the requirement of obtaining well permits,
S.B. 2 does the following:
• maintains the exemption of wells on a district-by-district basis and allows an export fee on any
water withdrawn from exempted wells, if that water is transported for use outside the district;
• provides the exemption for a well used solely for domestic use or for providing water for livestock
or poultry on a tract of land larger than 10 acres, producing less than 25,000 gallons of
groundwater a day; and
• provides oil and gas production water well exemptions to on-site water supply wells for a rig
actively drilling and exploring or for oil or gas wells and for certain mining operations.
With regard to transfer of groundwater out of a district, S.B. 2 does the following:
• authorizes a district to require a permit amendment for transfer of groundwater out of a district;
• prohibits more restrictive permit requirements on transporters than for existing in-district users;
• clarifies authority of groundwater districts relating to the transfer of groundwater out of a district in
several ways:
• prohibits districts from regulating exporters more restrictively than in-district users;
• allows districts to assess a reasonable export surcharge using one of three prescribed methods;
• prohibits denial of a well permit based on the intention to export;
• provides the term for authorization to transfer water from a groundwater conservation district must
be at least 30 years, unless otherwise negotiated;
• bars use of export fee to prohibit exports, but may allow use for expenses relating to enforcement
of the district’s rules; and
• prohibits a district from adopting rules expressly prohibiting the export of groundwater.
Authorizes groundwater districts to assess production fees and sets forth limitations and exceptions.
Authorizes a district to assess production fees instead of or in conjunction with other taxes levied by the
district, but they may not exceed one dollar per acre-foot for agricultural use or $10 per acre-foot for water
used for other purposes, payable annually in either case.
Prohibits use of district fees for purchase of groundwater rights unless the purchased rights are acquired for
conservation purposes and are permanently held in trust not to be produced.
Requires TWDB in coordination with regional planning groups and groundwater districts to:
• obtain or develop groundwater availability models for all aquifers and make this information
available to groundwater conservation districts and regional water planning groups;
• institute a central registry of information on the location of existing water pipelines and other water
conveyance facilities;
Senate Research Center 231