1-1 AN ACT
1-2 relating to the regulation of spacing and production of wells by a
1-3 groundwater conservation district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 36.116, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. (a) In
1-8 order to minimize as far as practicable the drawdown of the water
1-9 table or the reduction of artesian pressure, to control subsidence,
1-10 to prevent interference between wells, to prevent degradation of
1-11 water quality, or to prevent waste, a district by rule may
1-12 regulate:
1-13 (1) [provide for] the spacing of water wells by:
1-14 (A) requiring all wells to be spaced a certain
1-15 distance from property lines or adjoining wells;
1-16 (B) requiring wells with a certain production
1-17 capacity, pump size, or other characteristic related to the
1-18 construction or operation of the well be spaced a certain distance
1-19 from property lines or adjoining wells; or
1-20 (C) imposing spacing requirements adopted by the
1-21 board; and
1-22 (2) the production of groundwater by:
1-23 (A) setting production limits on wells;
1-24 (B) limiting the amount of water produced based
2-1 on acreage or tract size;
2-2 (C) limiting the amount of water that may be
2-3 produced from a defined number of acres assigned to an authorized
2-4 well site;
2-5 (D) limiting the maximum amount of water that
2-6 may be produced on the basis of acre-feet-per-acre or
2-7 gallons-per-minute per well site; or
2-8 (E) any combination of the methods listed above
2-9 in Paragraphs (A) through (D) [and may regulate the production of
2-10 wells].
2-11 (b) In promulgating any rules limiting groundwater
2-12 production, the district may preserve historic use prior to the
2-13 effective date of these rules to the maximum extent practicable
2-14 consistent with the district's comprehensive management plan under
2-15 Section 36.1071.
2-16 (c) In regulating the production of groundwater based on
2-17 tract size or acreage, a district may consider the service area of
2-18 a retail water utility. For the purposes of this subsection,
2-19 "retail water utility" shall have the meaning provided at Section
2-20 13.002.
2-21 SECTION 2. This Act takes effect immediately if it receives
2-22 a vote of two-thirds of all the members elected to each house, as
2-23 provided by Section 39, Article III, Texas Constitution. If this
2-24 Act does not receive the vote necessary for immediate effect, this
2-25 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3037 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3037 on May 25, 2001, by the following vote: Yeas 114, Nays 0,
2 present, not voting; and that the House adopted H.C.R. No. 329
authorizing certain corrections in H.B. No. 3037 on May 28, 2001,
by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3037 was passed by the Senate, with
amendments, on May 23, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; and that the Senate adopted H.C.R. No.
329 authorizing certain corrections in H.B. No. 3037 on May 28,
2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor