78R13033 SGA-D


By:  Cook of Colorado                                             H.B. No. 3035

Substitute the following for H.B. No. 3035:                                   

By:  Puente                                                   C.S.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.