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A BILL TO BE ENTITLED
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AN ACT
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relating to district hearings and citizen suits for illegally |
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drilling or operating a water well. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.119, Water Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (g) |
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and (h) to read as follows: |
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(a) Drilling or operating a well or wells without a required |
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permit or producing groundwater in violation of a district rule |
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adopted under Section 36.116(a)(2) [operating a well at a higher
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rate of production than the rate approved for the well] is declared |
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to be illegal, wasteful per se, and a nuisance. |
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(b) Except as provided by this section, a landowner or other |
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[A] person who has a right to produce groundwater from land that is |
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[an estate in land] adjacent to the land on which a [the] well or |
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wells are drilled or operated without a required permit or permits |
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or from which groundwater is produced in violation of a district |
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rule adopted under Section 36.116(a)(2) [is located], or who owns |
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or otherwise has a right to produce groundwater from land [a part] |
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that lies within one-half mile of the well or wells, may sue the |
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owner of the well or wells in a court of competent jurisdiction to |
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restrain or enjoin the illegal drilling, [or] operation, or both. |
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The suit may be brought with or without the joinder of the district. |
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(c) Except as provided by this section, the [The] aggrieved |
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party may also sue the owner of the well or wells for damages for |
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injuries suffered by reason of the illegal operation or production |
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and for other relief to which the party [they] may be entitled. In a |
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suit for damages against the owner of the well or wells, the |
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existence [or operation] of a well or wells drilled without a |
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required permit or the operation of a well or wells in violation of |
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a district rule adopted under Section 36.116(a)(2) [in violation of
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the rules of the district] is prima facie evidence of illegal |
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drainage. |
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(g) Before filing a suit under Subsection (b) or (c), an |
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aggrieved party must file a written complaint with the district |
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having jurisdiction over the well or wells drilled or operated |
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without a required permit or in violation of a district rule. The |
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district shall investigate the complaint and, after notice and |
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hearing and not later than the 90th day after the date the written |
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complaint was received by the district, the district shall |
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determine, based on the evidence presented at the hearing, whether |
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a district rule has been violated. The aggrieved party may only |
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file a suit under this section on or after the 91st day after the |
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date the written complaint was received by the district. |
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(h) Notwithstanding Subsection (g), an aggrieved party |
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under Subsection (b) may sue a well owner or well driller in a court |
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of competent jurisdiction to restrain or enjoin the drilling or |
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completion of an illegal well after filing the written complaint |
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with the district under Subsection (g) and without the need to wait |
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for a hearing on the matter. |
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SECTION 2. Section 36.119, Water Code, as amended by this |
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Act, applies only to a violation occurring on or after the effective |
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date of this Act. Any violation occurring before the effective date |
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of this Act is governed by the law in effect on the date the |
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violation occurred, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |