Monday, May 6, 2013

Landowners support legislation to prevent aquifer depletion


AUSTIN, TX. Texas Landowners Council commends Rep. Bill Callegari, R-Katy, for his continued commitment to protection of landowners’ private property rights in groundwater.  HB 3250 by Rep. Callegari would provide that anyone owning a producing well, who can prove that the amount of production allowed by a groundwater district has depleted an aquifer reducing their production capability, could require district action to halt further depletion.  The bill also addresses situations where the amount of pumping that is affecting a landowner’s well is occurring in another district, by requiring reductions of pumping in all districts allowing the depletion.

“Many rural Texans’ wells will likely go dry if we do not pass legislation protecting individual landowners against aquifer depletion,” explains Texas Landowners Council President Jimmy Gaines.  “Contact your state representative and state senator now, and ask them to support HB 3250 to protect against aquifer depletion.  If this legislation is not passed this session, we will work to pass it in 2015.  The more we draw the attention of legislators and our fellow Texans to this bill during this session, the better our chances of passage will be next session.”

Every major aquifer in Texas is subject to state approved drawdown between 100 and 500 feet.  Approval of drawing down aquifers facilitates pumping large amounts of water out of the ground to meet the state demand for water.  As aquifers are drawn down, some landowners’ groundwater will be depleted.  There is nothing in state statutes that requires protection of landowners against aquifer depletion.  

HB 3250, currently pending in the Texas House Natural Resources Committee, is also supported by the Texas Association of Realtors, Farm and Ranch Freedom Alliance, Our Land Our Lives and Independent Texans.

"Water is vital to people's ability to raise food.  But agriculture is too often considered a ‘low value use,’ and more and more water is being transferred from the rural areas to the urban communities,” says Judith McGeary, president of Farm and Ranch Freedom Alliance.  “We need to protect people's access to their fair share of water for agricultural use."

“We believe the [Texas Water] Code, as is now written, does not protect our constitutional property rights as related to groundwater beneath our property,” explains Bob Meharg, president of Our Land Our Lives.

"There are at least two things Texans cannot live without -- water, and the independent (of special interests) leadership so lacking in this state to protect our most precious resource,” says Linda Curtis, president of Independent Texans.
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Texas Landowners Council is a private, nonprofit 501(c)(6) organization formed in 1990 by a group of landowners who recognized the need to protect property rights according to the U.S. and Texas Constitutions.  Since this organization was founded, our involvement in the state legislative process has been crucial to protecting property rights for all Texans. We believe that if any property rights are violated anywhere in the state, all landowners in Texas can be subjected to the same abuse.

For more information:
TLC President Jimmy Gaines