Texas 2011 - 82nd Regular

Texas House Bill HB1730

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the vested ownership interest in groundwater beneath the surface and the right to produce that groundwater.

Impact

The bill's passage would reinforce landowners' control over groundwater resources while also imposing restrictions on the regulatory powers of groundwater conservation districts. The changes emphasize the need for districts to consider all groundwater uses and rights during rulemaking, promoting a more equitable framework for water management. Additionally, the act includes provisions for joint planning among districts in management areas, aiming to enhance collaborative efforts toward groundwater preservation and conservation while assessing local management plans' efficiency.

Summary

House Bill 1730 addresses the vested ownership interest in groundwater beneath landowners' properties and their right to produce that groundwater. The bill amends various sections of the Texas Water Code to clarify landowners' rights to groundwater extraction and the conditions under which these rights may be limited by local water conservation districts. It specifically prohibits these districts from implementing rules that discriminate between types of land usage, particularly in differentiating between land currently in irrigation versus land previously irrigated and now participating in federal conservation programs.

Sentiment

Sentiments regarding HB 1730 are multifaceted, particularly within stakeholder groups. Supporters, including agricultural landowners, champion the bill as a necessary affirmation of property rights, arguing that it protects their control over vital water resources in the face of mounting regulatory pressures. Conversely, environmentalists and some local officials express concern that the bill may weaken efforts to manage water sustainability and protect ecosystems by potentially prioritizing landowner rights over broader environmental stewardship.

Contention

Notable points of contention arise around the balance between landowner rights and the responsibilities of groundwater conservation districts. Critics worry that the bill's provisions could lead to a lack of regulation in areas critically in need of water management, risking over-extraction and negative impacts on regional water quality. Conversely, proponents argue that existing regulations can impede efficient land use and that empowering landowners will stimulate better stewardship of water resources.

Companion Bills

TX SB332

Identical Relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state.

Previously Filed As

TX SB156

Relating to the regulation and management of the use of groundwater and regulation of groundwater conservation districts.

TX HB4532

Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.

TX SB2540

Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.

TX SB2397

Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.

TX HB4444

Relating to the management of groundwater by certain districts and the Texas Commission on Environmental Quality.

TX SB2107

Relating to the ownership of the pore space underlying the surface of land.

TX HB4484

Relating to the ownership of the pore space underlying the surface of land and to the use of that space for the geologic storage of carbon dioxide; authorizing a fee.

TX SB1080

Relating to a mitigation program and fees for the Lost Pines Groundwater Conservation District.

TX HB3990

Relating to a study of existing surface water and groundwater interaction data and analyses.

TX SB2362

Relating to establishing an advisory board to study surface water and groundwater interaction.

Similar Bills

CA AB709

Sustainable Groundwater Management Act: groundwater sustainability plans.

CA SB1220

Sustainable Groundwater Management Act: groundwater sustainability plans.

CA AB2201

Groundwater sustainability agency: groundwater extraction permit: verification.

CA AB828

Sustainable groundwater management: managed wetlands.

CA AB929

Sustainable groundwater management: managed wetlands.

CA AB321

Groundwater sustainability agencies.

CA AB1944

Sustainable groundwater management: San Luis Rey Valley Groundwater Basin.

CA SB315

Groundwater: groundwater sustainability agencies: probationary basins.