Texas House Bill HB3028

Texas 2017 - 85th Regular

Caption

Relating to groundwater ownership and rights.

Impact

The implications of HB3028 on state laws are noteworthy. It seeks to reinforce individual property rights to groundwater while balancing resource conservation, preservation, and management goals. The amended code would allow districts governing groundwater resources to create regulations tailored to local hydrogeological conditions, potentially empowering them to implement stricter controls based on environmental necessity. These changes directly affect existing water conservation tactics in Texas, marking a shift towards more localized water management strategies.

Summary

House Bill 3028, concerning groundwater ownership and rights, proposes significant modifications to the Texas Water Code. The bill introduces the definition of 'fair share' as a scientific quantification of groundwater available beneath land parcels that overlie aquifers. This framework aims to clarify landowners' rights and ensure equitable distribution of groundwater resources based on established desired future conditions. By outlining specific criteria for groundwater use without resulting in the confiscation of resources from other landowners, the bill attempts to address competing claims in water management across different properties.

Contention

However, the bill has also stirred debates regarding the potential for local interference with state-level water management policies. Conflicts may arise between landowners advocating for unrestricted access to groundwater and environmental advocates supporting strict regulatory measures aimed at preventing over-extraction. Moreover, localized water districts may face challenges in balancing individual landowner rights with the necessity of maintaining sustainable water supplies for broader communities. The effectiveness of the 'fair share' concept remains a point of contention, as stakeholders raise concerns about its implementation and the scientific basis for determining groundwater availability.