By: King of Uvalde H.B. No. 4444
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the conservation and waste of groundwater.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.001, Water Code, is amended by
  amending Subdivisions (8) and (9) and adding Subdivision (32) to
  read as follows:
               (8)  "Waste" means any one or more of the following:
                     (A)  withdrawal of groundwater from a groundwater
  reservoir at a rate and in an amount that causes or threatens to
  cause intrusion into the reservoir of water unsuitable for
  agricultural, gardening, domestic, or stock raising purposes;
                     (B)  the flowing or producing of wells from a
  groundwater reservoir if the water produced is not used for a
  beneficial purpose;
                     (C)  escape of groundwater from a groundwater
  reservoir to any other reservoir or geologic strata that does not
  contain groundwater or from which the production of groundwater is
  not reasonably economically feasible;
                     (D)   pollution or harmful alteration of
  groundwater in a groundwater reservoir by saltwater or by other
  deleterious matter admitted from another stratum or from the
  surface of the ground;
                     (E)  willfully or negligently causing, suffering,
  or allowing groundwater to escape into any river, creek, natural
  watercourse, depression, lake, reservoir, drain, sewer, street,
  highway, road, or road ditch, or onto any land other than that of
  the owner of the well unless such discharge is authorized by permit,
  rule, or order issued by the commission under Chapters 11 or 26;
                     (F)  groundwater pumped for irrigation that
  escapes as irrigation tailwater onto land other than that of the
  owner of the well unless permission has been granted by the occupant
  of the land receiving the discharge; [or]
                     (G) the production or use of that amount of
  groundwater in excess of that which is economically reasonable for
  an authorized purpose when reasonable intelligence and reasonable
  diligence are used in applying the groundwater to that purpose; or
                     (H) drilling, completing, maintaining, or
  operating a well that does not comply with Chapter 1901,
  Occupations Code, or the rules of the Texas Department of Licensing
  and Regulation implementing that chapter [for water produced from
  an artesian well, "waste" also has the meaning assigned by Section
  11.205].
               (9) "Use for a beneficial purpose" means use that is
  made with reasonably efficient conservation practices for:
                     (A) agricultural, gardening, domestic, stock
  raising, municipal, mining, manufacturing, industrial, commercial,
  recreational, or pleasure purposes;
                     (B) exploring for, producing, handling, or
  treating oil, gas, sulphur, or other minerals; or
                     (C) any other nonwasteful purpose that is useful
  and beneficial to the user.
               (32) "Conservation" means those practices, techniques,
  and technologies that will reduce the consumption of water, reduce
  the loss or waste of water, improve the efficiency in the use of
  water, or increase the recycling and reuse of water so that a water
  supply is made available for future or alternative uses.
         SECTION 2.  Section 36.113(d), Water Code, is amended to
  read as follows:
         (d)  This subsection does not apply to the renewal of an
  operating permit issued under Section 36.1145.  Before granting or
  denying a permit, or a permit amendment issued in accordance with
  Section 36.1146, the district shall consider whether:
               (1)  the application conforms to the requirements
  prescribed by this chapter and is accompanied by the prescribed
  fees;
               (2)  the proposed use of water unreasonably affects
  existing groundwater and surface water resources or existing permit
  holders;
               (3)  the proposed use of water is dedicated to any
  beneficial use;
               (4)  the proposed use of water is consistent with the
  district's approved management plan;
               (5)  if the well will be located in the Hill Country
  Priority Groundwater Management Area, the proposed use of water
  from the well is wholly or partly to provide water to a pond, lake,
  or reservoir to enhance the appearance of the landscape;
               (6)  the applicant has agreed to and the proposed use of
  water will avoid waste and achieve water conservation; and
               (7)  the applicant has agreed that reasonable diligence
  will be used to protect groundwater quality and that the applicant
  will follow well plugging guidelines at the time of well closure.
         SECTION 3. Section 11.042, Water Code, is amended by adding
  Subsection (e) to read as follows:
         (e) The commission may authorize a person to discharge
  groundwater into a watercourse or stream prior to its beneficial
  use for subsequent diversion and beneficial use through a bed and
  banks authorization under this section. The commission shall
  consider the expected carriage and other losses of the groundwater
  in light of the totality of circumstances involved in the project
  described in the application and shall grant, deny, or grant with
  special conditions the authorization on the basis of:
               (1) the reasonableness of the project under the
  circumstances when balanced with the need to achieve conservation
  and avoid waste; and
               (2) whether the application meets all other applicable
  requirements of this chapter and the rules of the commission.
         SECTION 4. Chapter 11, Subchapter F, is amended by adding
  Section 11.201 to read as follows:
         Sec. 11.201  APPLICABILITY. (a) Except as provided by
  Subsection (b), this subchapter applies in areas of the state
  outside the boundaries of a groundwater conservation district,
  subsidence district, or other conservation and reclamation
  district that has the authority to regulate the drilling, spacing,
  or production of water wells.
         (b) Sections 11.202(c) and 11.206 also apply within the
  boundaries of a district described under Subsection (a).
         SECTION 5. Sections 11.202(d) and (e), 11.203, 11.204, and
  11.207, Water Code, are repealed.
         SECTION 6.  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, 2023.