82R2286 PMO-F
By: Ritter H.B. No. 1730
A BILL TO BE ENTITLED
AN ACT
relating to the vested ownership interest in groundwater beneath
the surface and the right to produce that groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.002, Water Code, is amended to read as
follows:
Sec. 36.002. OWNERSHIP OF GROUNDWATER. (a) A landowner, or
the landowner's lessee or assign, has a vested [The] ownership
interest [and rights of the owners of the land and their lessees and
assigns] in and right to produce groundwater below the surface of
the landowner's real property [are hereby recognized], and nothing
in this code may [shall] be construed as granting the authority to
deprive [depriving] or divest a landowner or the landowner's lessee
or assign [divesting the owners or their lessees and assigns] of the
ownership interest in the groundwater or the right to produce
groundwater [rights], except as those rights and interests may be
reasonably limited [or altered] by rules promulgated by a district.
(b) A rule promulgated by a district may not discriminate
between an owner [owners] of land, or the owner's lessee or assign,
whose land [that] is irrigated for production and an owner [owners]
of land, or the owner's lessee or assign, [their lessees and
assigns] whose land [that] was previously irrigated for production
and is now enrolled or participating in a federal conservation
program.
SECTION 2. Section 36.101, Water Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A district may make and enforce rules, including rules
limiting groundwater production based on tract size or the spacing
of wells, to provide for conserving, preserving, protecting, and
recharging of the groundwater or of a groundwater reservoir or its
subdivisions in order to control subsidence, prevent degradation of
water quality, or prevent waste of groundwater and to carry out the
powers and duties provided by this chapter. During the rulemaking
process the board shall:
(1) consider all groundwater uses and needs;
(2) consider the rights and interests under Section
36.002; and
(3) [shall] develop rules which are fair and impartial
and that do not discriminate between land that is irrigated for
production and land that was irrigated for production and enrolled
or participating in a federal conservation program.
(a-1) Any rule of a district that discriminates between land
that is irrigated for production and land that was irrigated for
production and enrolled or participating in a federal conservation
program is void.
SECTION 3. Section 36.108(c), Water Code, is amended to
read as follows:
(c) The presiding officer, or the presiding officer's
designee, of each district located in whole or in part in the
management area shall meet at least annually to conduct joint
planning with the other districts in the management area and to
review the management plans and accomplishments for the management
area. In reviewing the management plans, the districts shall
consider:
(1) the goals of each management plan and its impact on
planning throughout the management area;
(2) the effectiveness of the measures established by
each management plan for conserving and protecting groundwater,
[and] preventing waste, and protecting the rights and interests
under Section 36.002, and the effectiveness of these measures in
the management area generally;
(3) any other matters that the boards consider
relevant to the protection and conservation of groundwater and the
prevention of waste in the management area; and
(4) the degree to which each management plan achieves
the desired future conditions established during the joint planning
process.
SECTION 4. The changes in law made by this Act apply only to
a rule adopted by a groundwater conservation district on or after
the effective date of this Act or to a permit issued or application
filed pursuant to a rule adopted on or after the effective date of
this Act.
SECTION 5. 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, 2011.