H.B. No. 5188 proposes an amendment to the Water Code regarding exemptions from the requirement to obtain a permit from groundwater conservation districts for certain brackish groundwater wells. The bill introduces a new exemption for the drilling or operation of wells that withdraw groundwater from designated brackish groundwater production zones, provided that the operator submits documentation confirming that the well produces water with an average total dissolved solids concentration of at least 3,000 milligrams per liter. Additionally, the bill modifies existing exemptions related to domestic use, oil and gas drilling, and temporary water supply for drilling operations.

The bill also outlines conditions under which a groundwater conservation district may cancel previously granted exemptions and require permits or restrict production. These conditions include changes in the use of groundwater withdrawals that were previously exempted, such as no longer being used solely for domestic purposes or exceeding necessary amounts for mining activities. The new provisions ensure that the exemptions for brackish groundwater wells are contingent upon maintaining specific water quality standards and adherence to designated production zones. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Water Code 36.117 (Water Code 36)