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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of groundwater by certain districts and |
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the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 7.142(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person violates: |
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(1) Section 11.081; |
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(2) Section 11.083; |
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(3) Section 11.084; |
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(4) Section 11.087; |
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(5) Section 11.088; |
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(6) Section 11.089; |
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(7) Section 11.090; |
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(8) Section 11.091; |
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(9) Section 11.092; |
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(10) Section 11.093; |
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(11) Section 11.094; |
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(12) Section 11.096; or |
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(13) [Section 11.203; or |
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[(14)] Section 11.205. |
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(b) An offense under Subsection (a)(9), (a)(10), or (a)(13) |
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[(a)(14)] is punishable under Section 7.187(a)(1)(A) or (2)(B) |
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[Section 7.187(1)(A) or Section 7.187(2)(B)] or both. |
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SECTION 2. Subchapter F, Chapter 11, Water Code, is amended |
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by adding Section 11.2011 to read as follows: |
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Sec. 11.2011. APPLICABILITY. This subchapter, other than |
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Sections 11.202(c) and 11.206, applies only to an artesian well |
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drilled outside the boundaries of a groundwater conservation |
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district, subsidence district, or other conservation and |
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reclamation district with the authority to regulate the drilling, |
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spacing, or production of water wells. |
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SECTION 3. Section 36.001, Water Code, is amended by adding |
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Subdivision (2-a) and amending Subdivisions (8) and (9) to read as |
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follows: |
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(2-a) "Conservation" means the practice of reducing |
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the consumption of water, reducing the loss or waste of water, |
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improving the efficiency in the use of water, or increasing the |
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recycling and reuse of water so that a water supply is made |
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available for future or alternative uses. |
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(8) "Waste" means any one or more of the following: |
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(A) withdrawal of groundwater from a groundwater |
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reservoir at a rate and in an amount that causes or threatens to |
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cause intrusion into the reservoir of water unsuitable for |
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agricultural, gardening, domestic, or stock raising purposes; |
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(B) the flowing or producing of wells from a |
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groundwater reservoir if the water produced is not used for a |
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beneficial purpose; |
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(C) escape of groundwater from a groundwater |
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reservoir to any other reservoir or geologic strata that does not |
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contain groundwater; |
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(D) pollution or harmful alteration of |
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groundwater in a groundwater reservoir by saltwater or by other |
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deleterious matter admitted from another stratum or from the |
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surface of the ground; |
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(E) willfully or negligently causing, suffering, |
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or allowing groundwater to escape into any river, creek, natural |
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watercourse, depression, lake, reservoir, drain, sewer, street, |
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highway, road, or road ditch, or onto any land other than that of |
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the owner of the well unless such discharge is authorized by permit, |
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rule, or order issued by the commission under Chapter 26; |
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(F) groundwater pumped for irrigation that |
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escapes as irrigation tailwater onto land other than that of the |
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owner of the well unless permission has been granted by the occupant |
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of the land receiving the discharge; [or] |
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(G) the production or use of groundwater in an |
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amount that exceeds the amount reasonably necessary for the purpose |
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for which the groundwater is needed, not including the production |
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or use of groundwater for agricultural irrigation as necessary to |
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comply with federal crop insurance standards and guidelines; or |
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(H) drilling, completing, maintaining, or |
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operating a well that is not in compliance with the requirements of |
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Chapter 1901, Occupations Code, or applicable rules adopted under |
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that chapter [for water produced from an artesian well, "waste" |
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also has the meaning assigned by Section 11.205]. |
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(9) "Use for a beneficial purpose" means the |
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nonwasteful use of groundwater for: |
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(A) agricultural, gardening, domestic, stock |
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raising, municipal, mining, manufacturing, industrial, commercial, |
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recreational, or pleasure purposes; |
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(B) exploring for, producing, handling, or |
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treating oil, gas, sulphur, or other minerals; or |
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(C) any other purpose that is useful and |
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beneficial to the user. |
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SECTION 4. The following provisions of the Water Code are |
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repealed: |
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(1) Sections 11.202(d) and (e); |
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(2) Section 11.203; |
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(3) Section 11.204; and |
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(4) Section 11.207. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |