Texas 2023 - 88th Regular

Texas House Bill HB3059

Filed
2/28/23  
Out of House Committee
4/10/23  
Voted on by House
4/18/23  
Out of Senate Committee
5/9/23  
Voted on by Senate
5/18/23  
Governor Action
6/13/23  

Caption

Relating to the export fee charged for the transfer of groundwater from a groundwater conservation district.

Impact

The passage of HB 3059 fundamentally alters how groundwater conservation districts manage fee structures related to water exports. By mandating that export fees can now be increased based on public hearings and for specific uses, the bill aims to ensure that local communities can better manage the impacts of groundwater extraction. Local well owners significantly affected by large-scale water transfers would see some mitigation for the damages incurred, as the bill provides a framework for recovery of these costs through increased export fees.

Summary

House Bill 3059 is designed to revise the fee structure related to the export of groundwater from conservation districts in Texas. The bill allows groundwater conservation districts to increase export fees, which have not been updated since 2001, and introduces annual adjustments to these fees starting from January 2024. The revenues from these fees are intended to support the maintenance of wells affected by groundwater development, provide alternative water supplies, and fund ongoing aquifer monitoring and science initiatives. This legislative effort is seen as essential for ensuring the sustainability of groundwater resources across the state.

Sentiment

The sentiment surrounding HB 3059 is largely supportive among groundwater management advocates and conservationists. They argue that the bill is a much-needed update that will foster better groundwater management practices and ensure that local communities have the financial resources to deal with the negative impacts of groundwater exportation. However, some landowners have expressed concern about potential infringements on their property rights, fearing the implementation of higher fees could lead to unintended consequences, including complications in water access and ownership issues.

Contention

Despite a general consensus on the need for better groundwater management, contention exists regarding the bill's implications for private landowner rights. Some critics argue that the bill could redefine the relationship between state regulations and private property rights, particularly emphasizing the balance between public benefits from groundwater management and the rights of individual landowners. Specific amendments in the Senate have also sparked debate, indicating that not all stakeholders are aligned regarding the details and potential ramifications of the bill.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 36. Groundwater Conservation Districts
    • Section: 122
    • Section: 207
    • Section: 122
    • Section: 207
    • Section: 122
    • Section: 207
    • Section: 122
    • Section: 207
    • Section: 122
    • Section: 207

Companion Bills

No companion bills found.

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