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transfer groundwater withdrawn from a well located on land owned by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.