By: Cook of Colorado (Senate Sponsor - Armbrister) H.B. No. 3035
(In the Senate - Received from the House May 19, 2003;
May 20, 2003, read first time and referred to Committee on Natural
Resources; May 26, 2003, reported favorably, as amended, by the
following vote: Yeas 8, Nays 0; May 26, 2003, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Armbrister
Amend H.B. 3035 as follows:
On page 4, line 61, strike "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" and substitute "and selecting an appropriate method under
Subsection (a)(2), a district shall select the hydrogeological
conditions of the aquifer or aquifers in the district."
COMMITTEE AMENDMENT NO. 2 By: Armbrister
Amend HB 3035 by inserting new SECTIONs 2 through 13 as
follows and renumbering the remaining sections accordingly:
SECTION 2. Section 1.03, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding
Subdivision (28) to read as follows:
(28) "Recharge facility" means a dam, reservoir, or
other recharge project, and associated facilities, structures, or
works.
SECTION 3. Section 1.07, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended to read as follows:
Sec. 1.07. OWNERSHIP OF UNDERGROUND WATER. The ownership
and rights of the owner of the land and the owner's lessees and
assigns, including holders of recorded liens or other security
interests in the land, in underground water and the contract rights
of any person who purchases water for the provision of potable water
to the public or for the resale of potable water to the public for
any use are recognized. However, action taken pursuant to this Act
may not be construed as depriving or divesting the owner or the
owner's lessees and assigns, including holders of recorded liens or
other security interests in the land, of these ownership rights or
as impairing the contract rights of any person who purchases water
for the provision of potable water to the public or for the resale
of potable water to the public for any use, subject to the rules
adopted by the authority or a district exercising the powers
provided by Chapter 36 [52], Water Code. The legislature intends
that just compensation be paid if implementation of this article
causes a taking of private property or the impairment of a contract
in contravention of the Texas or federal constitution.
SECTION 4. Subsection (a), Section 1.08, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(a) The authority has all of the powers, rights, and
privileges necessary to manage, conserve, preserve, and protect the
aquifer and to increase the recharge of, and prevent the waste or
pollution of water in, the aquifer. The authority has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapters 36,
49, and [50,] 51, [and 52,] Water Code, applicable to an authority
created under Article XVI, Section 59, of the Texas Constitution.
This article prevails over any provision of general law that is in
conflict or inconsistent with this article regarding the area of
the authority's jurisdiction.
SECTION 5. Section 1.09, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Subsection
(i) to read as follows:
(i) To be eligible to be elected or appointed as a voting
member of the board, a person must have resided continuously in the
authority single-member election district from which the person
seeks to be elected or appointed for six months immediately
preceding the following date:
(1) for a candidate for election, the 60th day before
the general election date; or
(2) for a candidate for appointment, the date the
appointment is made.
SECTION 6. Section 1.11, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsection (f) and adding Subsection (h) to read as follows:
(f) The authority may contract with a person who uses water
from the aquifer for the authority or that person to own, finance,
design, construct, operate, or [own, finance, and] maintain
recharge [water supply] facilities. [Management fees or special
fees may not be used for purchasing or operating these facilities.
For the purpose of this subsection, "water supply facility"
includes a dam, reservoir, treatment facility, transmission
facility, or recharge project.]
(h) Notwithstanding any other provision of law, the
authority has no duty, responsibility, or authority relating to the
protection of water quality. The commission is the agency of the
state with responsibility and authority relating to the protection
of water quality within the boundaries of the authority.
SECTION 7. Subsections (b) and (c), Section 1.14, Chapter
626, Acts of the 73rd Legislature, Regular Session, 1993, are
amended to read as follows:
(b) Except as provided by Subsections (d), (f), and (h) of
this section and Section 1.26 of this article, beginning January 1,
2008 [for the period ending December 31, 2007], the amount of
permitted withdrawals from the aquifer under regular permits may
not exceed 450,000 acre-feet of water for each calendar year.
(c) Except as provided by Subsections (d), (f), and (h) of
this section and Section 1.26 of this article, beginning January 1,
2010 [for the period beginning January 1, 2008], the amount of
permitted withdrawals from the aquifer under regular permits may
not exceed 400,000 acre-feet of water for each calendar year.
SECTION 8. Section 1.16, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Subsection
(i) to read as follows:
(i) The authority shall process as administratively
complete all declarations of historical use received by the
authority on or before February 16, 1997, and shall consider any
such declaration as timely filed.
SECTION 9. Section 1.21, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsection (c) and adding Subsections (d) and (e) to read as
follows:
(c) If, before [on or after] January 1, 2008, the aggregate
[overall] volume of water authorized to be withdrawn from the
aquifer under regular permits is greater than 450,000 [400,000]
acre-feet a year or greater than the adjusted amount determined
under Subsection (d) of Section 1.14 of this article, not later than
October 1, 2007, the board shall issue an order to be effective on
January 1, 2008, proportionately adjusting the [maximum]
authorized withdrawal amount of each regular permit [shall be
immediately reduced by an equal percentage] as is necessary to
reduce aggregate authorized withdrawals under regular permits
[overall maximum demand] to 450,000 [400,000] acre-feet a year or
the adjusted amount, as appropriate. [The amount reduced may be
restored, in whole or in part, as other appropriate measures are
implemented that maintain overall demand at or below the
appropriate amount.]
(d) If, before January 1, 2010, the aggregate volume of
water authorized to be withdrawn from the aquifer under regular
permits is greater than 400,000 acre-feet a year or greater than the
adjusted amount determined under Subsection (d) of Section 1.14 of
this article, the board, not later than October 1, 2009, shall issue
an order to be effective January 1, 2010, proportionally adjusting
the authorized withdrawal amount of each regular permit as is
necessary to reduce aggregate authorized withdrawals under regular
permits to 400,000 acre-feet a year or the adjusted amount, as
appropriate.
(e) Proportional adjustments under this section and for
purposes of satisfying the requirements of Section 1.14 of this
article and this section shall be applied on the same terms and
conditions to all permits issued under Section 1.16 of this
article.
SECTION 10. Subsection (b), Section 1.28, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(b) The authority may issue revenue bonds to finance:
(1) the purchase of land;
(2) [or] the purchase, construction, or installation
of facilities or equipment, including recharge dams and associated
facilities, structures, or works; or
(3) the retirement of permits under Sections 1.21 and
1.22 of this article. [The authority may not allow for any person
to construct, acquire, or own facilities for transporting
groundwater out of Uvalde County or Medina County.]
SECTION 11. Article 1, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Section
1.331 to read as follows:
Sec. 1.331. EXEMPTION FOR FEDERAL FACILITIES; TRANSFER OF
OWNERSHIP OF APPLICATION. (a) Federal facilities, which are
immune from regulation under the doctrine of sovereign immunity,
are exempt from the requirements of this article and any rules
adopted under this article.
(b) A person may obtain an initial regular permit based on
an application voluntarily filed by a federal facility if, before
September 1, 2003, the authority approves the transfer of ownership
of the application for an initial regular permit from the federal
facility to the person seeking the permit. If, after the date a
transfer is approved by the authority, groundwater subject to the
transfer continues to be withdrawn by the federal facility making
the transfer, the authority shall condition the authorized
withdrawal amount of the transferee's interim authorization or
initial regular permit on the reduction in the amount equal to the
federal facility withdrawals.
SECTION 12. Subsection (c), Section 1.34, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1933, is amended to read
as follows:
(c) Subject to the rules of the authority, a [A] permit
holder may transfer a regular permit or interim authorization
[lease permitted water rights, but a holder of a permit for
irrigation use may not lease more than 50 percent of the irrigation
rights initially permitted. The user's remaining irrigation water
rights must be used in accordance with the original permit and must
pass with transfer of the irrigated land]. Fifty percent of the
groundwater withdrawal amount initially permitted for irrigation
may be used only for irrigation.
SECTION 13. Section 1.35, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Subsection
(f) to read as follows:
(f) A person who transfers a permit or interim authorization
to withdraw groundwater from the San Antonio pool to a well that
draws from the Uvalde pool may not transport groundwater withdrawn
under the transferred permit or interim authorization out of the
county in which the well that draws from the Uvalde pool is located.
COMMITTEE AMENDMENT NO. 3 By: Armbrister
Amend H.B. 3035 (Committee Printing) as follows:
(1) Insert a new SECTION of the bill to read as follows:
SECTION ____. Section 36.101, Water Code, is amended by
adding Subsection (d) to read as follows:
(d) The commission has principal and exclusive authority as
to the control, regulation, or abatement of nonpoint source
pollution of water or other regulation of water quality in terms of
limiting a landowner's ability to develop or use that land in the
jurisdiction of any water district or authority with regional
management and regulatory authority over groundwater withdrawals
within all or part of at least five counties.
(2) Insert a new SECTION of the bill to read as follows:
SECTION ____. This section supersedes any other provision
of this Act to the extent of any conflict. Section 36.101(d), Water
Code, as added by this Act, supersedes any other applicable law or
action taken under that law to the extent of any conflict. Any rule
or order of an applicable district or authority purporting to
regulate water quality as described by the change in law made by
this Act to Section 36.101, Water Code, may not be enforced
regardless of whether the adoption date of the rule or order is
before, on, or after the effective date of this Act.
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.
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