Bill > SB59

This bill modifies Texas water law to clarify landowner rights and liability regarding groundwater withdrawal, specifically focusing on large-volume wells that can produce 25,000 gallons or more per day. The bill amends Section 36.002 of the Water Code to expand the definition of groundwater ownership and establish new guidelines for when landowners can be held legally responsible for groundwater use. Under the new provisions, landowners who withdraw groundwater for a beneficial purpose are generally protected from liability for interference with water usage, with two key exceptions: if the groundwater withdrawal causes harm to neighboring land by lowering the water table or reducing artesian pressure, or if the withdrawal directly and substantially affects a watercourse or lake in a way that unreasonably harms another water user. The law maintains the existing principles that landowners can drill and produce groundwater while avoiding waste, malicious drainage, and negligent subsidence. The bill will apply only to causes of action that accrue on or after its effective date, which is 91 days after the end of the legislative session, providing clarity and potential legal protections for landowners engaged in groundwater extraction.

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=891&Bill=SB59