79R4670 QS-D

By:  Hilderbran                                                   H.B. No. 2031


A BILL TO BE ENTITLED
AN ACT
relating to the regulatory authority of groundwater conservation districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 36.101(a), Water Code, is amended to read as follows: (a) A district may make and enforce rules, including rules limiting groundwater production based on tract size or the spacing of wells, to provide for conserving, preserving, protecting, and recharging of the groundwater or of a groundwater reservoir or its subdivisions in order to control subsidence, prevent degradation of water quality, or prevent waste of groundwater and to carry out the powers and duties provided by this chapter. During the rulemaking process the board shall consider all groundwater uses and needs and shall develop rules which are fair and impartial. Rules adopted by a district apply to wells located on land owned by the state or a political subdivision. SECTION 2. Section 36.117, Water Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) Except as provided by Subsection (a-1), a [A] district may exempt wells from the requirement of obtaining a drilling permit, an operating permit, or any other permit required by this chapter or the district's rules. (a-1) A district may not exempt a well located on land owned by the state or a political subdivision from the requirement of obtaining a permit required by this chapter solely because the well is located on land owned by the state or a political subdivision. SECTION 3. Section 36.122, Water Code, is amended by adding Subsection (r) to read as follows: (r) District rules adopted to implement this section apply to the state, a political subdivision, or an applicant seeking to transfer groundwater withdrawn from a well located on land owned by the state or a political subdivision. SECTION 4. This Act takes effect September 1, 2005.