1-1 AN ACT
1-2 relating to the use by a person of stored water on certain property
1-3 of the person.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.142, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 11.142. PERMIT EXEMPTIONS. (a) Without obtaining a
1-8 permit, a person may construct on the person's [his] own property a
1-9 dam or reservoir with normal storage of not more than 200 acre-feet
1-10 of water for domestic and livestock purposes. A person who
1-11 temporarily stores more than 200 acre-feet of water in a dam or
1-12 reservoir described by this subsection is not required to obtain a
1-13 permit for the dam or reservoir if the person can demonstrate that
1-14 the person has not stored in the dam or reservoir more than 200
1-15 acre-feet of water on average in any 12-month period.
1-16 (b) Without obtaining a permit, a person may construct on
1-17 the person's property in an unincorporated area a dam or reservoir
1-18 with normal storage of not more than 200 acre-feet of water for
1-19 commercial or noncommercial wildlife management, including fishing,
1-20 but not including fish farming.
1-21 (c) Without obtaining a permit, a person who is drilling and
1-22 producing petroleum and conducting operations associated with
1-23 drilling and producing petroleum may take for those purposes state
1-24 water from the Gulf of Mexico and adjacent bays and arms of the
2-1 Gulf of Mexico in an amount not to exceed one acre-foot during each
2-2 24-hour period.
2-3 (d) [(c)] Without obtaining a permit, a person may construct
2-4 or maintain a reservoir for the sole purpose of sediment control as
2-5 part of a surface coal mining operation under the Texas Surface
2-6 Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas
2-7 Civil Statutes).
2-8 SECTION 2. Section 11.143(a), Water Code, is amended to read
2-9 as follows:
2-10 (a) The owner of a dam or reservoir exempted under Section
2-11 11.142(a) or (b) [11.142 of this code] who desires to use water
2-12 from the dam or reservoir for a purpose not described by that
2-13 subsection [purposes other than domestic or livestock use] shall
2-14 obtain a permit to do so. The owner [He] may obtain a regular
2-15 permit, a seasonal permit, or a permit for a term of years. The
2-16 owner [He] may elect to obtain the permit by proceeding under this
2-17 section or under the other provisions of this chapter governing
2-18 issuance of permits.
2-19 SECTION 3. The heading to Section 11.143, Water Code, is
2-20 amended to read as follows:
2-21 Sec. 11.143. [DOMESTIC AND LIVESTOCK RESERVOIR] USE OF WATER
2-22 FROM EXEMPT DAM OR RESERVOIR FOR NONEXEMPT [OTHER] PURPOSES.
2-23 SECTION 4. This Act takes effect immediately if it receives
2-24 a vote of two-thirds of all the members elected to each house, as
2-25 provided by Section 39, Article III, Texas Constitution. If this
2-26 Act does not receive the vote necessary for immediate effect, this
2-27 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 247 was passed by the House on April
24, 2001, by the following vote: Yeas 144, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 247 on May 24, 2001, by the following vote: Yeas 139, Nays 0,
1 present, not voting; and that the House adopted H.C.R. No. 320
authorizing certain corrections in H.B. No. 247 on May 26, 2001, by
a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 247 was passed by the Senate, with
amendments, on May 22, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; and that the Senate adopted H.C.R. No.
320 authorizing certain corrections in H.B. No. 247 on May 28,
2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor