78R10706 MI-F


By:  Cook of Colorado                                             H.B. No. 2888

Substitute the following for H.B. No. 2888:                                   

By:  Cook of Colorado                                         C.S.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.