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.
2-38 * * * * *