78R10706 MI-F
By: Cook of Colorado H.B. No. 2888
A BILL TO BE ENTITLED
AN ACT
relating to removing exemptions for certain wells and impounded
water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.142(a), Water Code, is amended to
read as follows:
(a) Without obtaining a permit, a person may construct on
the person's own property a dam or reservoir with normal storage of
not more than 200 acre-feet of water for domestic and livestock
purposes. A person who temporarily stores more than 200 acre-feet
of water in a dam or reservoir described by this subsection is not
required to obtain a permit for the dam or reservoir if the person
can demonstrate that the person has not stored in the dam or
reservoir more than 200 acre-feet of water on average in any
12-month period. Water stored in a dam or reservoir and used in
place predominately to enhance the appearance of the landscape is
not being used for domestic or livestock purposes and is not
eligible for an exemption under this subsection[This exemption
does not apply to a commercial operation].
SECTION 2. Section 36.117, Water Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) A well used solely or partly to provide water for a
pond or lake the water in which is used in place predominately to
enhance the appearance of the landscape is not eligible for an
exemption under Subsection (b)(1).
SECTION 3. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) 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.