78R13033 SGA-D
By: Cook of Colorado H.B. No. 3035
A BILL TO BE ENTITLED
AN ACT
relating to the power of groundwater conservation districts to
regulate the spacing of water wells and the production of
groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.116, Water Code, as amended by
Chapters 966 and 1164, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. (a) In
order to minimize as far as practicable the drawdown 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, a district by rule may regulate:
(1) the spacing of water wells by:
(A) requiring all water wells to be spaced a
certain distance from property lines or adjoining wells;
(B) requiring wells with a certain production
capacity, pump size, or other characteristic related to the
construction or operation of and production from a well to be spaced
a certain distance from property lines or adjoining wells; or
(C) imposing spacing requirements adopted by the
board; and
(2) the production of groundwater by:
(A) setting production limits on wells;
(B) limiting the amount of water produced based
on acreage or tract size;
(C) limiting the amount of water that may be
produced from a defined number of acres assigned to an authorized
well site;
(D) limiting the maximum amount of water that may
be produced on the basis of acre-feet per acre or gallons per minute
per well site per acre; [or]
(E) limiting the amount of water produced based
on contiguous acreage; or
(F) any combination of the methods listed above
in Paragraphs (A) through (E) [(D)].
(b) In promulgating any rules limiting groundwater
production, the district may preserve historic use before the
effective date of the rules to the maximum extent practicable
consistent with the district's comprehensive management plan under
Section 36.1071.
(c) In regulating the production of groundwater based on
tract size or acreage, a district may consider the service needs or
service area of a retail water utility. For the purposes of this
subsection, "retail water utility" shall have the meaning provided
at Section 13.002.
(d) In regulating the production of groundwater, a district
shall select a method under Subsection (a)(2) that is appropriate
based on the hydrogeological conditions of the aquifer or aquifers
in the district.
SECTION 2. To the extent of any conflict, this Act prevails
over another Act of the 78th Legislature, Regular Session, 2003,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 3. This Act takes effect September 1, 2003.