HB 5188

relating to an exemption from the requirement to obtain a permit
from a groundwater conservation district for certain brackish
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 36.117(b) and (d), Water Code, are
(b)  Except as provided by this section, a district shall
provide an exemption from the district requirement to obtain a
(1)  drilling or operating a well used solely for
domestic use or for providing water for livestock or poultry if the
(A)  located or to be located on a tract of land
(B)  drilled, completed, or equipped so that it is
incapable of producing more than 25,000 gallons of groundwater a
(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
(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
(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
(A)  the withdrawals are no longer from a
designated brackish groundwater production zone, as defined by
(B)  the groundwater produced has an average total
dissolved solids concentration of less than 3,000 milligrams per
SECTION 2.  This Act takes effect September 1, 2025.