C.S.H.B. 3035 78(R)    BILL ANALYSIS


C.S.H.B. 3035
By: Cook, Robby
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Section 36.116 of the Texas Water Code, in part, authorizes Groundwater
Conservation Districts (districts) to regulate, by rule, water well
spacing and production to minimize "draw-down" of the water table or the
reduction of artesian pressure, to control subsidence, to prevent
interference between wells, to prevent degradation of water quality, or to
prevent waste.   

Without the ability to regulate groundwater production based on contiguous
acreage, a landowner/lessee could have a large amount of acres in the part
of the district that has no water underneath it and only a small amount of
acreage over the aquifer.  That landowner/lessee would then be able to
produce water based on the total  number of acres but only have a small
amount of land capable of that production amount. 
  
This scenerio makes it very difficult to manage groundwater supplies using
a system that can be increased by property over the aquifer and is not
associated with the water supply.  By allowing landowners/lessees to
patchwork property both with and without available water to get large sums
from small areas overlying the aquifer, districts have then imposed a
large duty to manage groundwater in a concentrated area, which makes it
difficult to manage the groundwater supply. 

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. 3035 amends 36.116 (a) (2), Water Code, by adding a new
subsection (E) to allow a groundwater conservation district to limit
production based on contiguous acreage.   Additionally, 36.116 (d) is
added which requires decisions to regulate production of groundwater be
based on the hydrogeological conditions of the aquifer or aquifers in the
groundwater conservation district.  


EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds language which says that any decision made by a
groundwater conservation district to limit production under subsection (a)
(2) must be based on the hydrogeological conditions of the aquifer.  The
substitute also deletes the reference to limit production based on tract
size and lists only contiguous acreage.