Texas Water Code

§ 36.101 — RULEMAKING POWER

WA § 36.101Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. D. POWERS AND DUTIES

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(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 shall:

(1)consider all groundwater uses and needs;

(2)develop rules that 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

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Legislative history

Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 3, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1116 (H.B. 2423), Sec. 3, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1207 (S.B. 332), Sec. 2, eff. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 1135 (H.B. 2729), Sec. 15(2), eff. September 1, 2019.