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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a landowner for the withdrawal and |
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beneficial use of groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 36.002, Water Code, is |
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amended to read as follows: |
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Sec. 36.002. OWNERSHIP AND LIABILITY FOR WITHDRAWAL AND |
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BENEFICIAL USE OF GROUNDWATER. |
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SECTION 2. Section 36.002, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-2) to read as |
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follows: |
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(b) The groundwater ownership and rights described by this |
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section entitle the landowner, including a landowner's lessees, |
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heirs, or assigns, to: |
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(1) drill for and produce the groundwater below the |
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surface of real property, subject to the other provisions of this |
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section [Subsection (d)], without causing waste or malicious |
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drainage of other property or negligently causing subsidence; and |
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(2) have any other right recognized under common law. |
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(b-2) This subsection applies only to a landowner, |
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including a lessee, heir, or assign of a landowner, who withdraws |
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groundwater from a well capable of producing 25,000 gallons or more |
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of groundwater a day. A landowner, including a lessee, heir, or |
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assign of a landowner, who withdraws groundwater from the land and |
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uses it for a beneficial purpose is not liable for interference with |
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the use of water by another unless the withdrawal of groundwater: |
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(1) causes harm to an owner of neighboring land by |
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lowering the water table or reducing artesian pressure; or |
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(2) has a direct and substantial effect on a |
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watercourse or lake and unreasonably causes harm to a person |
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entitled to the use of water from the watercourse or lake. |
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SECTION 3. Section 36.002, Water Code, as amended by this |
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Act, applies only to a cause of action that accrues on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |