|
|
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. |