Bill Text: TX SB332 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB332 Detail]
Download: Texas-2011-SB332-Enrolled.html
S.B. No. 332 |
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relating to the ownership of groundwater below the surface of land, | ||
the right to produce that groundwater, and the management of | ||
groundwater in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.002, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.002. OWNERSHIP OF GROUNDWATER. (a) The | ||
legislature recognizes that a landowner owns the groundwater below | ||
the surface of the landowner's land as real property. | ||
(b) The groundwater ownership and rights described by this | ||
section: | ||
(1) entitle the landowner, including a landowner's | ||
lessees, heirs, or assigns, to drill for and produce the | ||
groundwater below the surface of real property, subject to | ||
Subsection (d), without causing waste or malicious drainage of | ||
other property or negligently causing subsidence, but does not | ||
entitle a landowner, including a landowner's lessees, heirs, or | ||
assigns, to the right to capture a specific amount of groundwater | ||
below the surface of that landowner's land; and | ||
(2) do not affect the existence of common law defenses | ||
or other defenses to liability under the rule of capture. | ||
(c) Nothing [ |
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granting the authority to deprive [ |
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landowner, including a landowner's lessees, heirs, or assigns, | ||
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groundwater ownership and rights described by this section [ |
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(d) This section does not: | ||
(1) prohibit a district from limiting or prohibiting | ||
the drilling of a well by a landowner for failure or inability to | ||
comply with minimum well spacing or tract size requirements adopted | ||
by the district; | ||
(2) affect the ability of a district to regulate | ||
groundwater production as authorized under Section 36.113, 36.116, | ||
or 36.122 or otherwise under this chapter or a special law governing | ||
a district; or | ||
(3) require that a rule adopted by a district allocate | ||
to each landowner a proportionate share of available groundwater | ||
for production from the aquifer based on the number of acres owned | ||
by the landowner [ |
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(e) This section does not affect the ability to regulate | ||
groundwater in any manner authorized under: | ||
(1) Chapter 626, Acts of the 73rd Legislature, Regular | ||
Session, 1993, for the Edwards Aquifer Authority; | ||
(2) Chapter 8801, Special District Local Laws Code, | ||
for the Harris-Galveston Subsidence District; and | ||
(3) Chapter 8834, Special District Local Laws Code, | ||
for the Fort Bend Subsidence District. | ||
SECTION 2. Section 36.101, Water Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A district may make and enforce rules, including rules | ||
limiting groundwater production based on tract size or the spacing | ||
of wells, to provide for conserving, preserving, protecting, and | ||
recharging of the groundwater or of a groundwater reservoir or its | ||
subdivisions in order to control subsidence, prevent degradation of | ||
water quality, or prevent waste of groundwater and to carry out the | ||
powers and duties provided by this chapter. In adopting a rule | ||
under this chapter, a district [ |
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(1) consider all groundwater uses and needs; | ||
(2) [ |
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and impartial; | ||
(3) consider the groundwater ownership and rights | ||
described by Section 36.002; | ||
(4) consider the public interest in conservation, | ||
preservation, protection, recharging, and prevention of waste of | ||
groundwater, and of groundwater reservoirs or their subdivisions, | ||
and in controlling subsidence caused by withdrawal of groundwater | ||
from those groundwater reservoirs or their subdivisions, | ||
consistent with the objectives of Section 59, Article XVI, Texas | ||
Constitution; | ||
(5) consider the goals developed as part of the | ||
district's management plan under Section 36.1071; and | ||
(6) [ |
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is irrigated for production and land that was irrigated for | ||
production and enrolled or participating in a federal conservation | ||
program. | ||
(a-1) Any rule of a district that discriminates between land | ||
that is irrigated for production and land that was irrigated for | ||
production and enrolled or participating in a federal conservation | ||
program is void. | ||
SECTION 3. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 332 passed the Senate on | ||
March 30, 2011, by the following vote: Yeas 28, Nays 3; and that | ||
the Senate concurred in House amendments on May 27, 2011, by the | ||
following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 332 passed the House, with | ||
amendments, on May 24, 2011, by the following vote: Yeas 147, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |