HBA-SEP H.B. 3037 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3037
By: Walker
Natural Resources
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides only minimum guidelines regarding the ability of
groundwater conservation districts (district) to regulate the spacing and
production of wells.  As a result, districts must do their best to
interpret what latitude they have in regard to regulating wells and
enforcing those regulations.  House Bill 3037 provides more explicit
guidelines.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3037 amends the Water Code to authorize a groundwater
conservation district (district), by rule, to: 

_regulate the spacing of water wells by requiring wells, with consideration
of production capacity, pump size, or other characteristics related to the
construction or operation of the well, to be spaced a certain distance from
property lines or adjoining wells or other spacing requirements adopted by
the board of directors of a district; and 

_regulate the production of groundwater by limiting total annual
production, the amount of water produced based on acreage or tract, the
amount of water which can be produced from a maximum number of acres
assigned by the district to an authorized well site, the maximum amount of
water which can be produced from a number of acres assigned by a district
on an acre foot per acre or gallons per minute for an authorized well site,
or other production limits adopted by the district. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.