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.