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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of groundwater resources in this state |
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and the rights of landowners in groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. FINDINGS AND DECLARATION OF POLICY. The |
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legislature finds that the availability of quality groundwater has |
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been, is, and will continue to be vital to the proliferation of |
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life, the sustainment of communities, and the protection of the |
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public safety and welfare, as well as to the success of agricultural |
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production, economic progress, and other equally compelling public |
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interests. In Chapter 36, Water Code, the legislature has |
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recognized, and continues to preserve, the significant ownership |
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interests that owners of land in this state have in the groundwater |
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resources that can be obtained from below the surface of their |
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properties. The common law focuses on limiting liability for |
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drainage rather than protecting these ownership interests and, in |
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the process, defeats the settled expectations that landowners can |
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reasonably have in the long-term viability of groundwater below |
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their properties. In addition to acknowledging the significant |
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ownership interests that landowners have in the groundwater below |
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their properties, the legislature further recognizes the |
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indefeasible right, borne by Section 59, Article XVI, Texas |
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Constitution, that is possessed by every Texas citizen to the |
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preservation and conservation of groundwater resources underlying |
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the private and public lands of this state. The ownership interests |
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that landowners have in the groundwater below their properties are |
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accordingly subject to reasonable regulation by the state. To |
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balance the often competing demands and interests in available |
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groundwater and to carry out the constitutionally mandated duty |
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placed upon it and entrusted to it by the citizens of this state, |
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the legislature finds that the implementation of long-term aquifer |
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planning and management strategies is essential. In recognition of |
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the diverse characteristics that distinguish the many groundwater |
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aquifers in this state, and in order that this vital resource may |
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best be committed to good stewardship, the legislature finds that |
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the development and implementation of these groundwater management |
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strategies are best accomplished through local control, exercised |
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through groundwater conservation districts. Therefore, the |
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legislature recognizes that all reasonable measures should be taken |
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to prudently manage, preserve, conserve, and protect the |
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groundwater resources that underlie the private and public lands in |
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this state for uses today and in the future. |
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SECTION 2. Section 36.0015, Water Code, is amended to read |
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as follows: |
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Sec. 36.0015. PURPOSE. Groundwater conservation districts |
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may be created under and may act in accordance with this chapter in |
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[In] order to provide for the conservation, preservation, |
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protection, recharging, and prevention of waste of groundwater, and |
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of the many unique groundwater reservoirs and reservoir [or their] |
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subdivisions in this state, and to control subsidence caused by |
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withdrawal of water from those groundwater reservoirs or their |
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subdivisions, consistent with the objectives and mandates of |
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Section 59, Article XVI, Texas Constitution[, groundwater
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conservation districts may be created as provided by this chapter]. |
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Groundwater conservation districts created as provided by this |
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chapter are the state's preferred method of groundwater management |
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through rules and management plans developed, adopted, and |
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promulgated by a district in accordance with the provisions of this |
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chapter. |
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SECTION 3. Section 36.002, Water Code, is amended to read as |
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follows: |
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Sec. 36.002. OWNERSHIP OF GROUNDWATER. (a) The ownership |
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and rights of the owners of the land and their lessees and assigns |
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in groundwater are hereby recognized, including the right to seek |
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and attempt to capture groundwater that underlies the surface of |
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the land, and nothing in this code shall be construed as depriving |
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or divesting the owners or their lessees and assigns of the |
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ownership or rights, except as those rights may be limited or |
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altered by rules promulgated by a district acting in accordance |
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with the district's statutory powers and duties. |
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(b) The prudent and effective management of groundwater |
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resources is necessary and beneficial to the welfare of this state |
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and, therefore, serves a compelling public interest. The rights of |
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the citizenry to the preservation and conservation of groundwater |
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resources underlying the public and private lands of this state |
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are, accordingly, hereby recognized and accommodated through the |
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powers delegated pursuant to this chapter. |
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(c) The recognition of rights under Subsection (a) shall not |
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be construed to prohibit the reasonable regulation, preservation, |
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and conservation of groundwater by a district. A district may |
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develop limits on the production of groundwater that affect the |
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availability of permits issued by the district if the limitations |
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are: |
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(1) reasonable and warranted under the district's |
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management plan; |
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(2) consistent with the desired future conditions |
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adopted under Section 36.108; |
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(3) not designed so that the limitations prevent a |
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landowner from accessing a reasonable amount of water for livestock |
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watering or domestic purposes for use on the landowner's property; |
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and |
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(4) implemented in accordance with the authority |
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granted by this chapter or a special law governing a district. |
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(d) A rule promulgated by a district may not discriminate |
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between owners of land that is irrigated for production and owners |
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of land or their lessees and assigns whose land that was irrigated |
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for production is enrolled or participating in a federal |
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conservation program. |
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SECTION 4. 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, 2011. |