Groundwater Legislation Updates

SB 156 relates to the regulation of groundwater conservation districts.

Status: Passed out of the Senate and referred to the House Natural Resources Committee. No hearing date has been established at this time. HB 1971 (companion is SB 638) relates to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts. Status: Passed out of the House and referred to the Senate Committee on Water, Agriculture, & Rural Affairs HB 4444 relates to the management of groundwater by certain districts and the Texas Commission on Environmental Quality. Chairman Tracy King is the author of this bill, which changes the definition of “waste” to require economic feasibility. The bill also amends “Use for a beneficial purpose” to include the “nonwasteful use of groundwater.”

Status: Passed out of the House and referred to the Senate Committee on Water, Agriculture, & Rural Affairs HB 3059 relates to the export fee charged for the transfer of groundwater from a groundwater conservation district. Chairman Tracy King is the author of this bill, which concerns the instances where certain districts charge fees for exporting groundwater outside the district. This bill also provides for the use of those fees for the mitigation of water wells affected by groundwater exports.

Status: Passed out of the House and Senate Committee on Water, Agriculture, & Rural Affairs. Awaiting vote from full Senate.

HB 5052 relates to the criteria considered by groundwater conservation districts before granting or denying a permit. Representative Gerdes, the author of this bill, adds a requirement for districts to consider before granting or denying a permit. Specifically, it requires the district to consider whether a permit “unreasonably affects wells that are exempt from the requirement to obtain a permit under this chapter….” Wells that are exempt from permit requirements are generally smallcapacity wells that are used for domestic and livestock uses.

Status: Passed out of the House and referred to the Senate Committee on Water, Agriculture, & Rural Affairs