73R6428 T
          By Hilderbran                                         H.B. No. 2254
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the definition of subterranean streams and the
    1-3  ownership of groundwater.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.002, Water Code, is amended by adding
    1-6  Subdivision (9) to read as follows:
    1-7              (9)  "Defined subterranean stream" means an underground
    1-8  stream possessing all of the characteristics of a surface
    1-9  watercourse, including a discrete and well-defined channel, with a
   1-10  bed and banks, that is capable of identification by a metes and
   1-11  bounds description.  The term does not include an underground
   1-12  reservoir or aquifer, even if there is water movement, whether
   1-13  defined or undefined, or if it discharges water through a discrete
   1-14  spring or series of springs.
   1-15        SECTION 2.  Section 11.021, Water Code, is amended by adding
   1-16  Subsection (c) to read as follows:
   1-17        (c)  Water beneath the surface of the ground that is the flow
   1-18  of a defined subterranean stream is the property of the state.
   1-19        SECTION 3.  Section 52.001, Water Code, is amended by adding
   1-20  Subdivision (15) to read as follows:
   1-21              (15)  "Defined subterranean stream" has the meaning
   1-22  assigned by Section 11.002 of this code.
   1-23        SECTION 4.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.