SRC-JLB H.B. 2888 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2888
78R10706 MI-FBy: Cook, Robby (Armbrister)
Natural Resources
5/21/2003
Engrossed


This analysis utilizes the House Committee Report, which is the most
recent version available to the Senate Research Center, and is not
formatted to the style of the Senate Research Center.  There were no
changes to H.B. 2888 on the House floor. 

BACKGROUND AND PURPOSE 

Currently, there is a domestic and livestock exemption that allows a
person to construct a dam or reservoir on that person's property without
obtaining a permit if the dam has normal storage of not more than 200
acre-feet of water and is for domestic and livestock purposes.  Many of
these reservoirs are being created strictly for an aesthetic purpose.
H.B. 2888 amends  the Water Code to clarify that a dam or reservoir
constructed predominantly to enhance the appearance of the landscape is
not exempt from permit requirements.   

Additionally, a number of groundwater conservation districts (districts)
have experienced problems with landowners using groundwater to fill
amenity lakes or vanity ponds.  Often, these wells are exempt based on the
domestic and livestock exemption;  and, as a result, certain amounts of
groundwater are pumped without any ability by the district to monitor or
manage the pumping. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 2888 amends Chapter 11 and Chapter 36 of the Water Code to clarify
that water stored in a dam or reservoir predominantly for purposes of
enhancing the appearance of the landscape is not eligible for the domestic
and livestock permit exemption.  This legislation also modifies the
domestic and livestock exemption to clarify that a well used solely or
partly to provide water for a pond or lake used predominantly to enhance
the appearance of the landscape is not eligible for a permit exemption.   

H.B. 2888 also provides that the changes in law made by this Act apply to
a dam or reservoir regardless of the date of construction and to a well
regardless of the date of drilling. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.