SRC-MWN H.B. 3037 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3037
77R11358 SGA-FBy: Walker (Staples)
Natural Resources
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Current law provides only minimum guidelines regarding the ability of
groundwater conservation districts (district) to regulate the spacing and
production of wells. As a result, districts must do their best to interpret
what latitude they have in regard to regulating wells and enforcing those
regulations. H.B. 3037 provides more explicit guidelines.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to a district or authority
created under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution in SECTION 1 (Section 36.116, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 36.116, Water Code, as follows:

Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. (a) Authorizes a
district or authority created under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution (district) by rule, to regulate the spacing
of water wells and the production of groundwater by certain requirements
and limitations. 

(b) Provides that any spacing or production requirements adopted by a
district under Subsection (a) do not apply to a dewatering or monitoring
well drilled for mining purposes under a permit issued by the Railroad
Commission of Texas. 

SECTION 2. Effective date: upon passage or September 1, 2001.