By Counts H.B. No. 2902
76R5973 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conservation, management, and use of groundwater.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 35.017, Water Code, is amended to read as
1-5 follows:
1-6 Sec. 35.017. STATE-OWNED LAND. If state-owned land or a
1-7 portion of state-owned land is located in a priority groundwater
1-8 management area, the state agency that has management and control
1-9 over that land under the constitution or by statute may elect by
1-10 written agreement with the commission and the district to include
1-11 the state-owned land in the district. The agreement [shall be
1-12 entered into as provided by the Texas Intergovernmental Cooperation
1-13 Act, Chapter 741, Government Code, and] may include provisions for
1-14 the payment by the state agency of reasonable fees to the district.
1-15 If the state does not elect to enter into the agreement to include
1-16 the state-owned land in the district, the state agency must
1-17 establish a groundwater management plan that will conserve,
1-18 protect, and prevent the waste of groundwater on that state-owned
1-19 land. The management plan adopted by the state agency must provide
1-20 specific measures to prevent waste or pollution of groundwater on
1-21 the state-owned land and to ensure against subsidence of
1-22 neighboring land.
1-23 SECTION 2. Subchapter D, Chapter 36, Water Code, is amended
1-24 by adding Section 36.1195 to read as follows:
2-1 Sec. 36.1195. NEGLIGENT DRILLING OR OPERATION OF WELL
2-2 RESULTING IN SUBSIDENCE OF NEIGHBORING LAND. (a) A person may not
2-3 drill or operate a well in a manner that is negligent and that
2-4 causes the subsidence of the land of others.
2-5 (b) The owner of land affected by a violation of Subsection
2-6 (b) may bring a civil suit to enjoin the unlawful activity and to
2-7 recover damages.
2-8 (c) A suit under this section may be brought in the county
2-9 where the well is located or the county where all or part of the
2-10 affected land is located.
2-11 SECTION 3. The Texas Natural Resource Conservation
2-12 Commission by rule shall require a person who in any one year
2-13 withdraws more than twice the amount of groundwater historically
2-14 withdrawn each year by that person to report to the commission in
2-15 the manner required by the commission the amount of water withdrawn
2-16 and the use made of the water. The rules shall provide a procedure
2-17 for calculating historical usage for purposes of the report
2-18 required by this section.
2-19 SECTION 4. The legislature intends that Section 36.1195,
2-20 Water Code, as added by this Act, restate and not modify the common
2-21 law rule.
2-22 SECTION 5. This Act takes effect September 1, 1999.
2-23 SECTION 6. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.