Texas Senate Bill SB1745

Texas 2023 - 88th Regular

• Filed: 3/7/23
• Out of Senate Committee: 4/3/23
• Voted on by Senate: 4/13/23
• Out of House Committee: 5/16/23
• Voted on by House: 5/22/23
• Governor Action: 6/18/23

Caption

Relating to the equalization of the rates of production fees charged on certain wells by the Barton Springs-Edwards Aquifer Conservation District; authorizing an increase in the rate of the fee.

Impact

The enactment of SB 1745 will directly influence the statutory framework governing groundwater management in Texas. The bill permits the conservation district to adjust production fees incrementally, specifically allowing an increase in the fee charged per thousand gallons of water produced under permits for non-agricultural use until it reaches the maximum limit set forth in existing law. This change is expected to bring about a more cohesive approach to groundwater use, particularly in regions heavily reliant on the Barton Springs and Edwards Aquifer systems.

Summary

Senate Bill 1745 aims to address a longstanding discrepancy in groundwater production fees among landowners within the Barton Springs-Edwards Aquifer Conservation District. By authorizing an increase in production fees, the bill seeks to establish equity in how charges are applied across different stakeholders. This measure restores fee structures previously approved by the committee in 2015, ensuring that all landowners are subject to the same regulations and costs for their water usage, thereby fostering fairness in resource management.

Sentiment

Overall, the sentiment surrounding SB 1745 has been supportive among key stakeholders, including the Barton Springs-Edwards Aquifer Conservation District management and many landowners who stand to benefit from the resolved fee structure. It has been characterized as a necessary corrective measure that addresses historical inequities. However, specific dissenting voices have raised concerns regarding potential impacts on agricultural users who might face higher operational costs under the new fee regime.

Contention

While there is broad support, potential contention stems from raised production fees, which could impose considerable burdens on certain landowners, particularly those engaged in agricultural activities. Critics argue that while the intent is to create parity, the result could lead to financial strain for smaller operations that depend on groundwater resources. Thus, the debate has highlighted the challenge of balancing equitable fee structures with the economic needs of diverse land users.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 8802. Barton Springs-edwards Aquiferconservation District
  • Section: 1045
  • Section: 1045
  • Section: 1045
  • Section: 1045