By: Kuempel H.B. No. 2915

A BILL TO BE ENTITLED

relating to damage to an aquifer by projects for storage of appropriated water

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 11, Water Code, is amended by adding Section 11.156 to read as follows:

Sec. 11.156. DAMAGE TO AQUIFERS. A holder of a permit issued by the commission to undertake a project under Section 11.153 of this Subchapter, damages an aquifer, if the project alters the physical, chemical, or biological quality of native groundwater or the physical, chemical, or biological characteristics of the aquifer to a degree that:

(a) renders groundwater produced from the aquifer harmful or detrimental to people, animals, vegetation, or property;

(b) requires treatment of the groundwater to a greater extent than the native groundwater requires before being applied to that beneficial use;

(c) introduces non-naturally occurring chlorine, pollutants, or constituents;

(c) alters the normal pH balance of the groundwater;

(d) causes surrounding well users to lower a pump, produce water at lower production rates, replace pump motors, or deepen wells; or

(e) causes the decline of artesian pressure to the surrounding users, or a downward trend in water levels within the Aquifer.

SECTION 2. Subchapter D, Chapter 11, Water Code, is amended by adding Section 11.156 to read as follows:

Sec. 11.157. NOTICE. Any surrounding well user may give written notice to the holder of a permit issued by the commission to undertake a project under Section 11.153 of this Subchapter, of the possible damage to the aquifer.

SECTION 3. Subchapter D, Chapter 11, Water Code, is amended by adding Section 11.158 to read as follows:

Sec. 11.158. TESTING OF DAMAGED AQUIFERS. A holder of a permit issued by the commission to undertake a project under Section 11.153 of this Subchapter, after receiving notice from a surrounding well user that the project alters the physical, chemical, or biological quality of native groundwater or the physical, chemical, or biological characteristics, or causes a downward trend in water levels, of the aquifer to a degree provided for in Section 11.156, Subsections (a-e) of this Subchapter, shall:

(a) notify the commission;

(b) test every permit holder's registered injection and recovery wells, and the wells of parties providing a notice under Section 11.157, by the use of tracers and dyes to verify the flows and effects of the project on surrounding well users;

(c) conduct the tests required under Subsection (a)(2) of this Section at the permit holder's maximum operation conditions during injection for storage and recapture for use; and

(d) conduct the tests required under Subsection (a)(2) of this Section for a period of three consecutive weeks. The results of these tests shall be maintained as public information and the performance of the tests may be overseen by representatives of the parties providing notice under Section 11.157 if the parties providing the notice are the owners or operators of public drinking water supply wells.

SECTION 4. Subchapter D, Chapter 11, Water Code, is amended by adding Section 11.159 to read as follows:

Sec. 11.159. FINDINGS. (a) On finding that a holder of a permit issued by the commission to undertake a project under Section 11.153 of this Subchapter has damaged the aquifer as indicated in Section 11.156 of this Subchapter, the permit holder shall:

(1) immediately terminate the project;

(2) commence all necessary steps to mitigate, reverse and restore the aquifer; and

(3) incur all costs of mitigating, reversing and restoring the aquifer.

(b) On finding that a holder of a permit issued by the commission to undertake a project under Section 11.153 of this Subchapter, fails to comply with Subsection (a) of this Section, any of the surrounding well users may bring a cause of action in any district court in the county in which all or part of the wells are located.

(c) A holder of a permit issued by the commission to undertake a project under Section 11.153 of this Subchapter, who fails to comply with Subsection (a) of this Section, is liable to any surrounding well user who brings a cause of action pursuant to Subsection (b) of this Section, for:

(1) actual damages caused by the failure to comply with Subsection (a) of this Section, including the cost of obtaining alternate water supply sources or the cost of construction and operation of treatment systems to remove the chemical or biological characteristics resulting in the damage to the aquifer under Section 11.156 of this Subchapter by a permit holder under Section 11.153;

(2) court Costs;

(3) plaintiffs' reasonable attorney's fees; and

(4) injunctive relief;

(d) Sovereign immunity against suit and liability of a political subdivision of this State is specifically and expressly waived with respect to a suit brought by any party under this section.

SECTION 5. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.