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 drilling or operating a well that withdraws groundwater from a designated brackish groundwater production zone, 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 operations, and temporary water supply for drilling rigs, while removing a previous exemption for certain water wells.

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 aim to ensure that the management of groundwater resources is aligned with conservation efforts while accommodating the needs of various stakeholders. The act is set to take effect on September 1, 2025.

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