Relating to the consideration by a groundwater conservation district of modeled available groundwater when issuing permits.
Summary
SB 58 would place a new cap on certain groundwater permits issued by groundwater conservation districts. Specifically, a district could not issue a permit for groundwater production and export out of the district if, counting all permits already issued to that applicant, the permit would allow the applicant to produce and transfer more than 5% of the district’s total modeled available groundwater as determined by the Texas Water Development Board’s executive administrator.
The bill is aimed at limiting the concentration of groundwater export rights in any single applicant and tying permit decisions more directly to the district’s modeled water availability. It applies only to permits issued on or after the bill’s effective date, which would be 91 days after the legislative session ends.
Impact
The bill amends Section 36.1132 of the Texas Water Code to add a substantive permitting restriction for groundwater conservation districts. It would affect districts that issue permits for groundwater production and transfer out of the district, the Texas Water Development Board’s modeled available groundwater calculations, and applicants seeking large-volume groundwater export permits. By imposing a 5% ceiling, the bill would constrain district discretion and could reduce the amount of groundwater that can be authorized for export by a single permit holder.
Sentiment
Based on the bill text and the absence of committee testimony or recorded votes, the available record suggests a neutral-to-supportive policy posture focused on groundwater management and permitting limits. The bill appears designed to protect local groundwater resources and prevent over-allocation, which may appeal to conservation-minded stakeholders and districts concerned about long-term supply. No formal opposition or support is documented in the provided materials.
Contention
The main point of contention is likely the 5% cap itself: applicants and water exporters may view it as too restrictive, while groundwater conservation advocates may see it as necessary to prevent excessive withdrawals. Another possible issue is the use of modeled available groundwater as the benchmark, since reliance on modeling can be disputed by those who question the assumptions or accuracy of the underlying data. No specific stakeholder positions are recorded in the provided committee or vote history.
Relating to groundwater requirements for municipal and county approval of subdivision plats and the powers and duties of groundwater conservation districts.