Highlights 77th Texas Legislature - Senate

_______________ N ATURAL
Surface Water and Groundwater Management
/Water
ATURAL RESOURCES/Water
77 th Texas Legislature
Defines “conjunctive use” to mean the combined use of groundwater and surface water sources that
optimize the beneficial characteristics of each source of water.
Maintains existing law relating to junior water rights status of interbasin transfers.
Defines “river basin” as a river or coastal basin designated by the TWDB, and not including water from bays
or arms of the Gulf of Mexico, which clarifies that movement of desalinated seawater would not be
considered an interbasin transfer.
Includes “agricultural uses” and strikes “irrigation” from the list of purposes for which water may be
appropriated and equivocates “agricultural uses” with “industrial uses” for appropriation preferences of
water in times of drought.
Clarifies that a permit exemption for domestic and livestock reservoir applies to the impoundment of 200
acre-feet in any 12-month period, and extends this exemption to include impoundment for private fish and
wildlife purposes.
Expands exemptions from cancellation of water rights for nonuse to include water rights to meet long-term
public water supply, electric generation needs, long-term water planning, or if the water right was obtained
due to construction of a reservoir funded, in whole or in part, by the holder of the right.
Requires local water planning efforts to consider the implementation of a desalination program.
With regard to groundwater conservation districts, S.B. 2 does the following:
• streamlines the process for creating groundwater districts in priority groundwater management
areas;
• streamlines the process for creating a groundwater conservation district by landowner petition to
the TNRCC;
• clarifies that groundwater districts may regulate spacing and production of wells based on tract size
and distance from property lines to minimize the drawdown of the water table, control subsidence,
prevent interference between wells, prevent degradation of water quality, or to prevent waste (in
response to a recent well-publicized west Texas court case, South Plains LaMesa Railroad, Ltd. v.
High Plains Underground Water Conservation District No. 1);
• provides penalties for violation of groundwater conservation district rules sufficient to ensure
adherence to district rules;
• adds the issues of drought conditions and water conservation to goals that groundwater district
management plans must include;
• provides a process for appeal of a groundwater district management plan if it is in conflict with the
state water plan, and provides a process for resolution of such conflicts; and
• increases the joint planning responsibilities of groundwater districts sharing a management area.
Senate Research Center 230