Bill > HB215

This bill modifies Texas water law to clarify landowner rights and liability regarding groundwater withdrawal. Specifically, the bill amends Section 36.002 of the Water Code to provide more detailed protections for landowners who withdraw groundwater. For landowners (including lessees, heirs, or assigns) using wells that can produce 25,000 gallons or more per day, the bill establishes that they are generally not liable for water use interference, with two key exceptions: first, if their groundwater withdrawal causes harm to neighboring land by lowering the water table or reducing artesian pressure, and second, if the withdrawal directly and substantially impacts a watercourse or lake in a way that unreasonably harms other water users. The bill preserves landowners' fundamental rights to drill and produce groundwater while preventing waste, malicious drainage, or negligent subsidence. The changes will apply only to causes of action that accrue on or after the bill's effective date, which is 91 days after the end of the legislative session, providing clarity and potential legal protection for landowners engaged in groundwater extraction.

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=891&Bill=HB215