Bill Text: TX HB4444 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the management of groundwater by certain districts and the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Water, Agriculture, & Rural Affairs [HB4444 Detail]
Download: Texas-2023-HB4444-Introduced.html
Bill Title: Relating to the management of groundwater by certain districts and the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Water, Agriculture, & Rural Affairs [HB4444 Detail]
Download: Texas-2023-HB4444-Introduced.html
By: King of Uvalde | H.B. No. 4444 |
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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; [ |
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(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 [ |
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(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. |