Bill Text: TX HB3539 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-20 - Referred to Energy Resources [HB3539 Detail]
Download: Texas-2013-HB3539-Introduced.html
By: Gutierrez | H.B. No. 3539 |
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relating to the source and supply of water used for oil and gas | ||
exploration and production in the State of Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 36, Water Code, is amended | ||
by adding Section 36.001 (31) and (32) to read as follows: | ||
(31) "Base of Usable Quality Water" shall mean the | ||
elevation measured in feet/mean sea level at which the total | ||
dissolved solids contained in the groundwater in the aquifer | ||
beneath the site at which the well is to be located is reasonably | ||
believed to exceed a total dissolved solid content of 1,000 mg/L, as | ||
exclusively determined by the hydrologist for the Groundwater | ||
Advisory Unit of the Texas Railroad Commission. | ||
(32) "Enhanced Recovery Water Source Well" or "ERWSW" | ||
shall mean a well that is used for the production and supply of | ||
groundwater for use in hydraulic fracturing and other ancillary oil | ||
and gas operations, done in conjunction with enhanced recovery | ||
operations for oil and gas exploration and production, that is | ||
drilled and completed according to Railroad Commission guidelines | ||
for such wells and if withdrawing water only from below the Base of | ||
Useable Quality Water; such wells shall be under the exclusive | ||
jurisdiction of the Texas Railroad Commission. | ||
SECTION 2. Section 36.117, Water Code, is amended by | ||
amending Subsection (b) thereof by adding a new Subsection (b)(4) | ||
thereto; by amending Subsection (f) thereof; and by adding a new | ||
Subsection (m) thereto; 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: | ||
or (4) drilling or operating an Enhanced Recovery Water | ||
Source Well which penetrates the Base of Useable Quality Water. | ||
(f) A district may require compliance with the district's | ||
well spacing rules for the drilling of any well except a well | ||
exempted under Subsection (b)(3) or (b)(4). | ||
(m) An entity holding a permit issued by the Railroad | ||
Commission of Texas under Section 91.101, Natural Resources Code, | ||
that authorizes the drilling or operation of an Enhanced Recovery | ||
Water Source Well which penetrates the Base of Useable Quality | ||
Water shall report monthly to the district: | ||
(1) Provide the location, depth of the well and | ||
operator information with the district; | ||
(2) Provide a copy of the well driller's log to the | ||
district; | ||
(3) Provide water quality and water level data to the | ||
district; | ||
(4) The total amount of water withdraw during each | ||
month; | ||
(5) The quantity of water necessary to supply water | ||
for hydraulic fracturing and other ancillary oil and gas | ||
operations; | ||
(6) The quantity of water withdrawn for other | ||
purposes. | ||
SECTION 3. Section 91.001, Natural Resources Code, is | ||
amended by adding Subsection (4) thereof; to read as follows: | ||
Sec. 91.001. DEFINITIONS. | ||
(4) "Base of Useable Quality Water" has the meaning | ||
assigned by Section 36.001(31), Water Code. | ||
(5) "Enhanced Recovery Water Source Well" or "ERWSW" | ||
has the same meaning assigned by 36.001(32), Water Code. | ||
SECTION 4. Section 91.101, Natural Resources Code, is | ||
amended by adding a Subsection (a)(2)(G) thereto; and by adding a | ||
Subsection (c) thereto; to read as follows: | ||
(a) To prevent pollution of surface water or subsurface | ||
water in the state, the commission shall adopt and enforce rules and | ||
orders and may issue permits relating to: | ||
(2) the production of oil and gas, including: | ||
(G) activities associated with the drilling or | ||
operation of an Enhanced Recovery Water Source Well which penetrate | ||
the Base of Useable Quality Water; | ||
(c) Except as provided by Section 36.117(m), Water Code, the | ||
Commission has exclusive jurisdiction over the activities | ||
described by Subsection (a)(2)(G). | ||
SECTION 5. Within 30 days after the Texas Railroad | ||
Commission receives an application for an Enhanced Water Source | ||
Recovery Well or injection water source supply well, the | ||
groundwater advisory unit of the Texas Railroad Commission shall | ||
determine the Base of Useable Quality Water for each aquifer at the | ||
site for which the well is to be drilled. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |