80R7817 JLL-F

By: Seliger S.B. No. 1383

A BILL TO BE ENTITLED

AN ACT

relating to district hearings and citizen suits for illegally drilling or operating a water well.

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

SECTION 1. The heading to Section 36.119, Water Code, is amended to read as follows:

Sec. 36.119. ILLEGAL DRILLING AND OPERATION OF WELL; EXPEDITED DISTRICT HEARING; CITIZEN SUIT.

SECTION 2. Section 36.119, Water Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (g) through (k) to read as follows:

(a) Drilling or operating a well or wells without a required permit or producing groundwater in violation of a district's rules adopted under Section 36.116(a)(2) [operating a well at a higher rate of production than the rate approved for the well] is declared to be illegal, wasteful per se, and a nuisance.

(b) Except as provided by this section, a [A] person who has a right to produce water from land that is [an estate in land] adjacent to the land on which a [the] well or wells are drilled or operated without a required permit or permits or from which groundwater is produced in violation of rules adopted under Section 36.116(a)(2) [is located,] or who has a right to produce groundwater from land [a part] that lies within one-half mile of the well or wells, may sue the owner of the well or wells in a court of competent jurisdiction to restrain or enjoin the illegal drilling, [or] operation, or both. The suit may be brought with or without the joinder of the district.

(c) Except as provided by this section, the [The] aggrieved party may also sue the owner of the well or wells for damages for injuries suffered by reason of the illegal operation or production and for other relief to which the party [they] may be entitled. In a suit for damages against the owner of the well or wells, the existence [or operation] of a well or wells drilled without a required permit or the operation of a well or wells in violation of district rules adopted under Section 36.116(a)(2) [in violation of the rules of the district] is prima facie evidence of illegal drainage.

(g) Before filing a suit under Subsections (b) and (c), an aggrieved party must file a written complaint with the district having jurisdiction over the well or wells drilled or operated without a required permit or in violation of a district rule. The district shall investigate the complaint and, after notice and hearing and not later than the 90th day after the date the written complaint was received by the district, the district shall determine, based on the evidence presented at the hearing, whether a district rule has been violated.

(h) After an investigation and hearing under Subsection (g), if the district determines that a district rule has been violated, the district shall:

(1) enforce the rule against the well owner; and

(2) not later than two years after the date of the district's determination, ensure that the well owner is operating the well or wells that were the subject of the determination in accordance with district rules adopted under Section 36.116(a)(2) and in accordance with applicable well permits.

(i) If an investigation conducted by the district under Subsection (g) provides sufficient evidence that the well or wells are or were operating illegally for two or more years, the aggrieved party may sue the well owner for damages. In a suit for such damages, the court may consider only the two-year period directly preceding the district's determination in calculating damages.

(j) If the district fails or refuses to enforce compliance by the well owner with district rules or well permits, the aggrieved party may sue the well owner under this section for both injunctive relief and damages.

(k) Notwithstanding Subsections (g) and (h), an aggrieved party may sue a well owner or well driller in a court of competent jurisdiction to restrain or enjoin the drilling, completion, or operation of a well or wells after filing a written complaint with the district under Subsection (g) and without waiting for a district investigation, notice, or hearing.

SECTION 3. Section 36.119, Water Code, as amended by this Act, applies only to a complaint or suit filed on or after the effective date of this Act. A complaint or suit filed before the effective date of this Act is governed by the law in effect on the date the complaint or suit was filed, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the 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.