Texas House Bill HB5401

Texas 2023 - 88th Regular

• Filed: 4/21/23

Caption

Relating to the creation of the Webb County Groundwater Conservation District; providing authority to impose fees.

Impact

The establishment of the Webb County Groundwater Conservation District will provide a structured approach to groundwater conservation efforts in the county, aligning with state legal standards under Chapter 36 of the Water Code. This act stands to enhance the region's ability to manage its aquifer resources effectively, particularly the Carrizo-Wilcox Aquifer, which is vital for local water supply. Importantly, the district is mandated to participate in the review of waste disposal applications that could impact local water quality, thus incorporating environmental protection into its operational mandate.

Summary

House Bill 5401 aims to establish the Webb County Groundwater Conservation District in Texas. The bill provides the legal framework for the creation of this district, which is designed to manage and protect the groundwater resources within Webb County. The district will have the authority to impose fees related to conservation efforts, without the power to tax or exercise eminent domain. This legislative move is particularly significant given the increasing concerns about water management and quality in the region.

Sentiment

The sentiment surrounding HB 5401 appears to be largely favorable with representatives and stakeholders recognizing the importance of managing groundwater resources. During committee discussions, support was voiced for the creation of the conservation district, highlighting a collective agreement on the need for structured groundwater management in Webb County. However, there were also dissenting voices that raised concerns about the district's operational limitations and its ability to regulate effectively without taxing powers.

Contention

Notable points of contention appear in the debate on how the district will effectively address water quality issues, particularly with the limitation on imposing taxes. The discussion raised questions about the financial viability of the district and its ability to fund necessary programs through fees alone. Additionally, the lack of eminent domain power may restrict the district’s capacity to enforce certain conservation measures, which could lead to challenges in maintaining the quality of groundwater resources.

Texas Constitutional Statutes Affected

Water Code

• Chapter 36. Groundwater Conservation Districts
  • Section: 205