- The Wise Report
- Henry M. Wise, P.G.
- August 6, 2011
New legislation, passed as part of the Sunset Review of the Texas Commission on Environmental Quality (TCEQ), allows the Executive Director of the agency to
suspend or adjust water rights during times of drought or emergency shortage of water. House Bill 2694 requires that the TCEQ enact rules to define “drought”
and “emergency shortage of water,” as well as establish procedures. To comply, TCEQ staff is proposing the creation of new 30 Texas Administrative Code
Chapter 36, relating to Suspension or Adjustment of Water Rights During Water Shortage. A stakeholder meeting, to solicit informal comment prior to
developing rule language, will be held on Thursday, August 11, 2011, at 9:00 a.m., at TCEQ’s Offices at 12100 Park 35 Circle, Building E, Room 201, Austin,
Texas, 78753. It will also be webcast at http://www.texasadmin.com/tceqs.shtml. If you are unable to attend the scheduled meeting, or wish to submit written comments,
please submit your written comments no later than August 15, 2011, to Robin Smith, Texas Commission on Environmental Quality, P.O. Box 13087, MC 173,
Austin, Texas 78711-3087.
--------------------------------------------------------------------------------------------------------Article 2 of House Bill 2694, passed by the 82nd Texas Legislature and signed by the Governor, transferred from the TCEQ to the Railroad Commission of Texas
(RRC) duties relating to the protection of groundwater resources from oil and gas associated activities. Specifically, the law transfers from the TCEQ to the
RRC, effective September 1, 2011, duties pertaining to the responsibility of preparing groundwater protection advisory/recommendation letters. After the transfer, the RRC
will be responsible for providing surface casing and/or groundwater protection recommendations for the following activities:
· Exploration, development, or production of oil and gas resources -
new drilling, other drilling activities including, but not limited to, enhanced
recovery injection wells, injection wells for brine mining, injection wells for
underground storage of hydrocarbons, seismic exploration and cathodic
protection wells, well integrity tests, plugging of abandoned wells, core
holes, and micro-seismic boreholes; · Sub