Texas Senate Bill SB59

Texas 2025 - 89th 1st C.S.

• Filed: 7/31/25

Caption

Relating to the liability of a landowner for the withdrawal and beneficial use of groundwater.

Impact

The amendments proposed in SB59 will have significant implications for state laws surrounding water rights and landowner responsibilities. Notably, the bill aims to provide landowners clarity on the extent of their rights and liabilities. By setting specific conditions under which a landowner may be found liable for interference with neighboring property use, it may encourage more aggressive groundwater utilization without fear of repercussions unless strict conditions are met. Additionally, these changes could reshape how water resources are managed, particularly in regions reliant on groundwater for agricultural or industrial purposes.

Summary

SB59 proposes amendments to the Water Code regarding the liability of landowners for the withdrawal and beneficial use of groundwater. The bill emphasizes that landowners, including their lessees, heirs, or assigns, are entitled to drill for and produce groundwater, provided this does not cause waste or harm neighboring properties. A key provision is the delineation of rights for landowners withdrawing significant quantities of groundwater, specifically those capable of producing 25,000 gallons or more per day. This legal framework sets a defined boundary on liability concerning groundwater usage and acknowledges a landowner's common law rights.

Contention

Discussions surrounding SB59 may revolve around the balance between property rights and communal water resource management. While supporters may advocate that the bill protects landowners' rights and encourages responsible groundwater usage, opponents could argue that it undermines cooperative water management efforts essential to sustaining local ecosystems. By defining liability narrowly, there may be concerns that neighboring landowners and communities may bear the brunt of adverse impacts from over-extraction, thereby sparking debates about environmental stewardship versus agricultural and industrial interests.

Texas Constitutional Statutes Affected

Water Code

• Chapter 36. Groundwater Conservation Districts
  • Section: 002