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A BILL TO BE ENTITLED
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AN ACT
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relating to the vested ownership interest in groundwater beneath |
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the surface and the right to produce that groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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) A landowner, or |
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the landowner's lessee or assign, has a vested [The] ownership |
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interest [and rights of the owners of the land and their lessees and
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assigns] in and right to produce groundwater below the surface of |
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the landowner's real property [are hereby recognized], and nothing |
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in this code may [shall] be construed as granting the authority to |
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deprive [depriving] or divest a landowner or the landowner's lessee |
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or assign [divesting the owners or their lessees and assigns] of the |
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ownership interest in the groundwater or the right to produce |
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groundwater [rights], except as those rights and interests may be |
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reasonably limited [or altered] by rules promulgated by a district. |
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(b) A rule promulgated by a district may not discriminate |
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between an owner [owners] of land, or the owner's lessee or assign, |
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whose land [that] is irrigated for production and an owner [owners] |
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of land, or the owner's lessee or assign, [their lessees and
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assigns] whose land [that] was previously irrigated for production |
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and is now enrolled or participating in a federal conservation |
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program. |
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SECTION 2. Section 36.101, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A district may make and enforce rules, including rules |
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limiting groundwater production based on tract size or the spacing |
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of wells, to provide for conserving, preserving, protecting, and |
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recharging of the groundwater or of a groundwater reservoir or its |
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subdivisions in order to control subsidence, prevent degradation of |
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water quality, or prevent waste of groundwater and to carry out the |
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powers and duties provided by this chapter. During the rulemaking |
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process the board shall: |
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(1) consider all groundwater uses and needs; |
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(2) consider the rights and interests under Section |
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36.002; and |
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(3) [shall] develop rules which are fair and impartial |
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and that do not discriminate between land that is irrigated for |
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production and land that was irrigated for production and enrolled |
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or participating in a federal conservation program. |
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(a-1) Any rule of a district that discriminates between land |
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that is irrigated for production and land that was irrigated for |
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production and enrolled or participating in a federal conservation |
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program is void. |
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SECTION 3. Section 36.108(c), Water Code, is amended to |
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read as follows: |
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(c) The presiding officer, or the presiding officer's |
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designee, of each district located in whole or in part in the |
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management area shall meet at least annually to conduct joint |
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planning with the other districts in the management area and to |
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review the management plans and accomplishments for the management |
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area. In reviewing the management plans, the districts shall |
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consider: |
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(1) the goals of each management plan and its impact on |
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planning throughout the management area; |
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(2) the effectiveness of the measures established by |
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each management plan for conserving and protecting groundwater, |
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[and] preventing waste, and protecting the rights and interests |
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under Section 36.002, and the effectiveness of these measures in |
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the management area generally; |
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(3) any other matters that the boards consider |
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relevant to the protection and conservation of groundwater and the |
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prevention of waste in the management area; and |
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(4) the degree to which each management plan achieves |
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the desired future conditions established during the joint planning |
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process. |
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SECTION 4. The changes in law made by this Act apply only to |
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a rule adopted by a groundwater conservation district on or after |
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the effective date of this Act or to a permit issued or application |
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filed pursuant to a rule adopted on or after the effective date of |
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this Act. |
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SECTION 5. 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. |