Texas House Bill HB26

Texas 2017 - 85th 1st C.S.

Caption

Relating to the regulation of groundwater.

Impact

The legislative changes proposed in HB 26 are expected to significantly impact local water management policies. By requiring that the rules in effect at the time of a permit application submission are the only ones considered, the bill minimizes the potential for new regulations to impede the existing permit applications. This means that districts may have limited authority to impose additional restrictions beyond those already established, which can foster an environment more favorable to potential groundwater exporters while also raising concerns among water conservation advocates. Moreover, the bill aims at expediting the processing of applications by ensuring that all sets of requirements are clearly delineated and adhered to, thus making the operational landscape predictable for entities involved in groundwater extraction and utilization.

Summary

House Bill 26 relates to the comprehensive regulation of groundwater within Texas, specifically amending various sections of the Water Code to clarify the criteria and procedural aspects governing the issuance of permits. This bill seeks to establish a balance between allowing groundwater export and ensuring sustainable management of water resources, by imposing certain limitations on the applicability of rules when permit applications are submitted. The intent is to promote consistency in the management protocols across districts, thereby streamlining the decision-making process for groundwater-related permits.

Contention

While HB 26 presents a codified framework for managing groundwater permits, it has sparked a notable debate among stakeholders regarding the prudent balance between economic interests and sustainable water management. Proponents of the bill argue that it will facilitate growth and development by easing the acquisition of permits required for exporting groundwater. However, critics express concerns that this focus on permitting efficiency may overlook essential environmental considerations and the long-term sustainability of water resources in Texas. The introduction of moratorium procedures, requiring public hearings and written findings for districts to impose moratoriums on permit issuance, is another contentious aspect, as it places additional checks on local decision-making but may complicate urgent conservation efforts in response to drought or over-extraction scenarios.