By: King of Uvalde H.B. No. 4444
A BILL TO BE ENTITLED
AN ACT
relating to the conservation and waste of groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.001, Water Code, is amended by
amending Subdivisions (8) and (9) and adding Subdivision (32) to
read as follows:
(8) "Waste" means any one or more of the following:
(A) withdrawal of groundwater from a groundwater
reservoir at a rate and in an amount that causes or threatens to
cause intrusion into the reservoir of water unsuitable for
agricultural, gardening, domestic, or stock raising purposes;
(B) the flowing or producing of wells from a
groundwater reservoir if the water produced is not used for a
beneficial purpose;
(C) escape of groundwater from a groundwater
reservoir to any other reservoir or geologic strata that does not
contain groundwater or from which the production of groundwater is
not reasonably economically feasible;
(D) pollution or harmful alteration of
groundwater in a groundwater reservoir by saltwater or by other
deleterious matter admitted from another stratum or from the
surface of the ground;
(E) willfully or negligently causing, suffering,
or allowing groundwater to escape into any river, creek, natural
watercourse, depression, lake, reservoir, drain, sewer, street,
highway, road, or road ditch, or onto any land other than that of
the owner of the well unless such discharge is authorized by permit,
rule, or order issued by the commission under Chapters 11 or 26;
(F) groundwater pumped for irrigation that
escapes as irrigation tailwater onto land other than that of the
owner of the well unless permission has been granted by the occupant
of the land receiving the discharge; [or]
(G) the production or use of that amount of
groundwater in excess of that which is economically reasonable for
an authorized purpose when reasonable intelligence and reasonable
diligence are used in applying the groundwater to that purpose; or
(H) drilling, completing, maintaining, or
operating a well that does not comply with Chapter 1901,
Occupations Code, or the rules of the Texas Department of Licensing
and Regulation implementing that chapter [for water produced from
an artesian well, "waste" also has the meaning assigned by Section
11.205].
(9) "Use for a beneficial purpose" means use that is
made with reasonably efficient conservation practices for:
(A) agricultural, gardening, domestic, stock
raising, municipal, mining, manufacturing, industrial, commercial,
recreational, or pleasure purposes;
(B) exploring for, producing, handling, or
treating oil, gas, sulphur, or other minerals; or
(C) any other nonwasteful purpose that is useful
and beneficial to the user.
(32) "Conservation" means those practices, techniques,
and technologies that will reduce the consumption of water, reduce
the loss or waste of water, improve the efficiency in the use of
water, or increase the recycling and reuse of water so that a water
supply is made available for future or alternative uses.
SECTION 2. Section 36.113(d), Water Code, is amended to
read as follows:
(d) This subsection does not apply to the renewal of an
operating permit issued under Section 36.1145. Before granting or
denying a permit, or a permit amendment issued in accordance with
Section 36.1146, the district shall consider whether:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fees;
(2) the proposed use of water unreasonably affects
existing groundwater and surface water resources or existing permit
holders;
(3) the proposed use of water is dedicated to any
beneficial use;
(4) the proposed use of water is consistent with the
district's approved management plan;
(5) if the well will be located in the Hill Country
Priority Groundwater Management Area, the proposed use of water
from the well is wholly or partly to provide water to a pond, lake,
or reservoir to enhance the appearance of the landscape;
(6) the applicant has agreed to and the proposed use of
water will avoid waste and achieve water conservation; and
(7) the applicant has agreed that reasonable diligence
will be used to protect groundwater quality and that the applicant
will follow well plugging guidelines at the time of well closure.
SECTION 3. Section 11.042, Water Code, is amended by adding
Subsection (e) to read as follows:
(e) The commission may authorize a person to discharge
groundwater into a watercourse or stream prior to its beneficial
use for subsequent diversion and beneficial use through a bed and
banks authorization under this section. The commission shall
consider the expected carriage and other losses of the groundwater
in light of the totality of circumstances involved in the project
described in the application and shall grant, deny, or grant with
special conditions the authorization on the basis of:
(1) the reasonableness of the project under the
circumstances when balanced with the need to achieve conservation
and avoid waste; and
(2) whether the application meets all other applicable
requirements of this chapter and the rules of the commission.
SECTION 4. Chapter 11, Subchapter F, is amended by adding
Section 11.201 to read as follows:
Sec. 11.201 APPLICABILITY. (a) Except as provided by
Subsection (b), this subchapter applies in areas of the state
outside the boundaries of a groundwater conservation district,
subsidence district, or other conservation and reclamation
district that has the authority to regulate the drilling, spacing,
or production of water wells.
(b) Sections 11.202(c) and 11.206 also apply within the
boundaries of a district described under Subsection (a).
SECTION 5. Sections 11.202(d) and (e), 11.203, 11.204, and
11.207, Water Code, are repealed.
SECTION 6. 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, 2023.