82R2286 PMO-F
 
  By: Fraser S.B. No. 332
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the vested ownership interest in groundwater beneath
  the surface and the right to produce that groundwater.
         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) A landowner, or
  the landowner's lessee or assign, has a vested [The] ownership
  interest [and rights of the owners of the land and their lessees and
  assigns] in and right to produce groundwater below the surface of
  the landowner's real property [are hereby recognized], and nothing
  in this code may [shall] be construed as granting the authority to
  deprive [depriving] or divest a landowner or the landowner's lessee
  or assign [divesting the owners or their lessees and assigns] of the
  ownership interest in the groundwater or the right to produce
  groundwater [rights], except as those rights and interests may be
  reasonably limited [or altered] by rules promulgated by a district.
         (b)  A rule promulgated by a district may not discriminate
  between an owner [owners] of land, or the owner's lessee or assign,
  whose land [that] is irrigated for production and an owner [owners]
  of land, or the owner's lessee or assign, [their lessees and
  assigns] whose land [that] was previously irrigated for production
  and is now enrolled or participating in a federal conservation
  program.
         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.  During the rulemaking
  process the board shall:
               (1)  consider all groundwater uses and needs;
               (2)  consider the rights and interests under Section
  36.002; and
               (3)  [shall] develop rules which are fair and impartial
  and that do not discriminate between land that 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.  Section 36.108(c), Water Code, is amended to
  read as follows:
         (c)  The presiding officer, or the presiding officer's
  designee, of each district located in whole or in part in the
  management area shall meet at least annually to conduct joint
  planning with the other districts in the management area and to
  review the management plans and accomplishments for the management
  area.  In reviewing the management plans, the districts shall
  consider:
               (1)  the goals of each management plan and its impact on
  planning throughout the management area;
               (2)  the effectiveness of the measures established by
  each management plan for conserving and protecting groundwater,
  [and] preventing waste, and protecting the rights and interests
  under Section 36.002, and the effectiveness of these measures in
  the management area generally;
               (3)  any other matters that the boards consider
  relevant to the protection and conservation of groundwater and the
  prevention of waste in the management area; and
               (4)  the degree to which each management plan achieves
  the desired future conditions established during the joint planning
  process.
         SECTION 4.  The changes in law made by this Act apply only to
  a rule adopted by a groundwater conservation district on or after
  the effective date of this Act or to a permit issued or application
  filed pursuant to a rule adopted on or after the effective date of
  this Act.
         SECTION 5.  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, 2011.