C.S.H.B. 2888 78(R)    BILL ANALYSIS


C.S.H.B. 2888
By: Cook, Robby
Natural Resources
Committee Report (Substituted)



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, a
purpose which was most likely not contemplated by the original drafters of
the statute.  C.S.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, very large amounts of
groundwater are pumped without any ability by the district to monitor or
manage the pumping.  In areas where groundwater supplies are limited, the
use of groundwater in vanity ponds can be wasteful, and districts should
have the ability to limit this type of 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

C.S.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.   

C.S.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.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2888 changes the word "solely" to "predominately" in both Section
11.142(a), Water Code, and Section 36.117, Water Code.