1-1     By:  Walker (Senate Sponsor - Staples)                H.B. No. 3037
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 11, 2001, reported favorably, as amended, by
 1-5     the following vote:  Yeas 4, Nays 0; May 11, 2001, sent to
 1-6     printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                           By:  Barrientos
 1-8           Amend H.B. 3037 as follows:
 1-9           (1)  Page 2, line 9, after "requiring", strike "that a well"
1-10     and insert "all wells to be".
1-11           (2)  Page 2, line 10, after "or", strike "adjacent" and
1-12     insert "adjoining".
1-13           (3)  Page 2, line 11, after "requiring", strike "that a", and
1-14     strike "well" and insert "wells".
1-15           (4)  Page 2, line 14, after "or", strike "adjacent" and
1-16     insert "adjoining".
1-17           (5)  Page 2, line 15, after "(C)", strike "adopting other."
1-18     and insert "imposing".
1-19           (6)  Page 2, line 15, after "requirements", insert "adopted
1-20     by the board".
1-21           (7)  Page 2, line 17, after "(A)", strike "limiting total
1-22     annual production" and insert "setting production limits on wells".
1-23           (8)  Page 2, line 18, after "water", strike "that may be".
1-24           (9)  Page 2, line 21, after "a", strike "maximum" and insert
1-25     "defined".
1-26           (10)  Page 2, line 21, after "assigned" strike "by the
1-27     district".
1-28           (11)  Page 2, line 24, after "produced", strike "a number of
1-29     acres assigned by the district on an acre foot per acre or gallons
1-30     per minute basis for an authorized well site" and insert "on the
1-31     basis of acre feet per acre or gallons per minute per well site;
1-32     or".
1-33           (12)  Page 2, line 27, after "(E)" strike "adopting other
1-34     production limits" and insert "any combination of the listed above
1-35     in paragraphs (A) through (D)".
1-36     COMMITTEE AMENDMENT NO. 2                           By:  Barrientos
1-37           Amend H.B. 3037 as follows:
1-38           On page 2, amend Section 36.116, Water Code by creating new
1-39     subsection (c) to read as follows:
1-40           (c)  In regulating the production of groundwater based on
1-41     tract size or acreage, a district may consider the service area of
1-42     a retail water utility.  For the purposes of this subsection,
1-43     "Retail water utility" shall have the meaning provided at Section
1-44     13.002 of this code.
1-45     COMMITTEE AMENDMENT NO. 3                           By:  Barrientos
1-46           Amend H.B. 3037 as follows:
1-47           On page 2, line 29, strike lines 29 through 32, and replace
1-48     with the following:
1-49           (b)  In promulgating any rules limiting groundwater
1-50     production, the district may preserve historic use prior to the
1-51     effective date of these rules to the maximum extent practicable
1-52     consistent with the district's comprehensive management plan under
1-53     Section 36.1071.
1-54                            A BILL TO BE ENTITLED
1-55                                   AN ACT
1-56     relating to the regulation of spacing and production of wells by a
1-57     groundwater conservation district.
1-58           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-59           SECTION 1. Section 36.116, Water Code, is amended to read as
 2-1     follows:
 2-2           Sec. 36.116.  REGULATION OF SPACING AND PRODUCTION. (a)  In
 2-3     order to minimize as far as practicable the drawdown of the water
 2-4     table or the reduction of artesian pressure, to control subsidence,
 2-5     to prevent interference between wells, to prevent degradation of
 2-6     water quality, or to prevent waste, a district by rule may
 2-7     regulate:
 2-8                 (1)  [provide for] the spacing of water wells by:
 2-9                       (A)  requiring that a well be spaced a certain
2-10     distance from property lines or adjacent wells;
2-11                       (B)  requiring that a well with a certain
2-12     production capacity, pump size, or other characteristic related to
2-13     the construction or operation of the well be spaced a certain
2-14     distance from property lines or adjacent wells; or
2-15                       (C)  adopting other spacing requirements; and
2-16                 (2)  the production of groundwater by:
2-17                       (A)  limiting total annual production;
2-18                       (B)  limiting the amount of water that may be
2-19     produced based on acreage or tract size;
2-20                       (C)  limiting the amount of water that may be
2-21     produced from a maximum number of acres assigned by the district to
2-22     an authorized well site;
2-23                       (D)  limiting the maximum amount of water that
2-24     may be produced from a number of acres assigned by the district on
2-25     an acre-foot-per-acre or gallons-per-minute basis for an authorized
2-26     well site; or
2-27                       (E)  adopting other production limits [and may
2-28     regulate the production of wells].
2-29           (b)  Any spacing or production requirements adopted by a
2-30     district under Subsection (a) do not apply to a dewatering or
2-31     monitoring well drilled for mining purposes under a permit issued
2-32     by the Railroad Commission of Texas.
2-33           SECTION 2.  This Act takes effect immediately if it receives
2-34     a vote of two-thirds of all the members elected to each house, as
2-35     provided by Section 39, Article III, Texas Constitution.  If this
2-36     Act does not receive the vote necessary for immediate effect, this
2-37     Act takes effect September 1, 2001.
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