S.B. No. 332
 
 
 
 
AN ACT
  relating to the ownership of groundwater below the surface of land,
  the right to produce that groundwater, and the management of
  groundwater in this state.
         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)  The
  legislature recognizes that a landowner owns the groundwater below
  the surface of the landowner's land as real property.
         (b)  The groundwater ownership and rights described by this
  section:
               (1)  entitle the landowner, including a landowner's
  lessees, heirs, or assigns, to drill for and produce the
  groundwater below the surface of real property, subject to
  Subsection (d), without causing waste or malicious drainage of
  other property or negligently causing subsidence, but does not
  entitle a landowner, including a landowner's lessees, heirs, or
  assigns, to the right to capture a specific amount of groundwater
  below the surface of that landowner's land; and
               (2)  do not affect the existence of common law defenses
  or other defenses to liability under the rule of capture.
         (c)  Nothing [The ownership and rights of the owners of the
  land and their lessees and assigns in groundwater are hereby
  recognized, and nothing] in this code shall be construed as
  granting the authority to deprive [depriving] or divest a
  landowner, including a landowner's lessees, heirs, or assigns,
  [divesting the owners or their lessees and assigns] of the
  groundwater ownership and rights described by this section [or
  rights, except as those rights may be limited or altered by rules
  promulgated by a district].
         (d)  This section does not:
               (1)  prohibit a district from limiting or prohibiting
  the drilling of a well by a landowner for failure or inability to
  comply with minimum well spacing or tract size requirements adopted
  by the district;
               (2)  affect the ability of a district to regulate
  groundwater production as authorized under Section 36.113, 36.116,
  or 36.122 or otherwise under this chapter or a special law governing
  a district; or
               (3)  require that a rule adopted by a district allocate
  to each landowner a proportionate share of available groundwater
  for production from the aquifer based on the number of acres owned
  by the landowner [A rule promulgated by a district may not
  discriminate between owners of land that is irrigated for
  production and owners of land or their lessees and assigns whose
  land that was irrigated for production is enrolled or participating
  in a federal conservation program].
         (e)  This section does not affect the ability to regulate
  groundwater in any manner authorized under:
               (1)  Chapter 626, Acts of the 73rd Legislature, Regular
  Session, 1993, for the Edwards Aquifer Authority;
               (2)  Chapter 8801, Special District Local Laws Code,
  for the Harris-Galveston Subsidence District; and
               (3)  Chapter 8834, Special District Local Laws Code,
  for the Fort Bend Subsidence District.
         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. In adopting a rule
  under this chapter, a district [During the rulemaking process the
  board] shall:
               (1)  consider all groundwater uses and needs;
               (2)  [and shall] develop rules that [which] are fair
  and impartial;
               (3)  consider the groundwater ownership and rights
  described by Section 36.002;
               (4)  consider the public interest in conservation,
  preservation, protection, recharging, and prevention of waste of
  groundwater, and of groundwater reservoirs or their subdivisions,
  and in controlling subsidence caused by withdrawal of groundwater
  from those groundwater reservoirs or their subdivisions,
  consistent with the objectives of Section 59, Article XVI, Texas
  Constitution;
               (5)  consider the goals developed as part of the
  district's management plan under Section 36.1071; and
               (6)  [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.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 332 passed the Senate on
  March 30, 2011, by the following vote: Yeas 28, Nays 3; and that
  the Senate concurred in House amendments on May 27, 2011, by the
  following vote: Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 332 passed the House, with
  amendments, on May 24, 2011, by the following vote: Yeas 147,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor