81R27290 TRH-F
By: Hilderbran H.B. No. 4258
Substitute the following for H.B. No. 4258:
By: Frost C.S.H.B. No. 4258
A BILL TO BE ENTITLED
AN ACT
relating to the regulation by groundwater conservation districts of
the drilling of and the production of groundwater by certain water
wells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.116(e), Water Code, is amended to
read as follows:
(e) In regulating the production of groundwater under
Subsection (a)(2), a district:
(1) shall select a method that is appropriate based on
the hydrogeological conditions of the aquifer or aquifers in the
district; [and]
(2) shall consider any existing water rights held by
an applicant for or holder of a permit; and
(3) may limit the amount of water produced based on
contiguous surface acreage.
SECTION 2. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1165 to read as follows:
Sec. 36.1165. RESTRICTION ON DRILLING OF WELLS NEAR CERTAIN
RIVERS AND THEIR TRIBUTARIES. A person may not drill a well in the
portion of the territory of a district that is located within 100
feet of the gradient boundary of the Frio, North Llano, South Llano,
Llano, West Nueces, Nueces, or San Saba River, or any tributary of
one of those rivers that is a perennial stream, unless the well is:
(1) exempt from the permitting requirements of Section
36.117(b)(1); and
(2) drilled, completed, or equipped so that it is
incapable of producing more than:
(A) 10 gallons of groundwater per minute; or
(B) 16 acre-feet of groundwater per year.
SECTION 3. The changes in law made by Section 36.1165, Water
Code, as added by this Act, apply only to a well for which drilling
is commenced on or after the effective date of this Act. A well for
which drilling is commenced before the effective date of this Act is
subject to the law in effect on the date drilling is commenced, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.