88R23578 ANG-F
By: King of Uvalde H.B. No. 4444
A BILL TO BE ENTITLED
AN ACT
relating to the management of groundwater by certain districts and
the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7.142(a) and (b), Water Code, are
amended to read as follows:
(a) A person commits an offense if the person violates:
(1) Section 11.081;
(2) Section 11.083;
(3) Section 11.084;
(4) Section 11.087;
(5) Section 11.088;
(6) Section 11.089;
(7) Section 11.090;
(8) Section 11.091;
(9) Section 11.092;
(10) Section 11.093;
(11) Section 11.094;
(12) Section 11.096; or
(13) [Section 11.203; or
[(14)] Section 11.205.
(b) An offense under Subsection (a)(9), (a)(10), or (a)(13)
[(a)(14)] is punishable under Section 7.187(a)(1)(A) or (2)(B)
[Section 7.187(1)(A) or Section 7.187(2)(B)] or both.
SECTION 2. Subchapter F, Chapter 11, Water Code, is amended
by adding Section 11.2011 to read as follows:
Sec. 11.2011. APPLICABILITY. This subchapter, other than
Sections 11.202(c) and 11.206, applies only to an artesian well
drilled outside the boundaries of a groundwater conservation
district, subsidence district, or other conservation and
reclamation district with the authority to regulate the drilling,
spacing, or production of water wells.
SECTION 3. Section 36.001, Water Code, is amended by adding
Subdivision (2-a) and amending Subdivisions (8) and (9) to read as
follows:
(2-a) "Conservation" means the practice of reducing
the consumption of water, reducing the loss or waste of water,
improving the efficiency in the use of water, or increasing the
recycling and reuse of water so that a water supply is made
available for future or alternative uses.
(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;
(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 Chapter 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 groundwater in an
amount that exceeds the amount reasonably necessary for the purpose
for which the groundwater is needed, not including the production
or use of groundwater for agricultural irrigation as necessary to
comply with federal crop insurance standards and guidelines; or
(H) drilling, completing, maintaining, or
operating a well that is not in compliance with the requirements of
Chapter 1901, Occupations Code, or applicable rules adopted under
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 the
nonwasteful use of groundwater 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 purpose that is useful and
beneficial to the user.
SECTION 4. The following provisions of the Water Code are
repealed:
(1) Sections 11.202(d) and (e);
(2) Section 11.203;
(3) Section 11.204; and
(4) Section 11.207.
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, 2023.