The bill amends Section 36.002 of the Water Code to clarify the ownership and liability of landowners regarding the withdrawal and beneficial use of groundwater. The heading of the section is updated to include "AND LIABILITY FOR WITHDRAWAL AND BENEFICIAL USE OF GROUNDWATER." Additionally, the bill introduces a new subsection (b-2) that specifies the conditions under which a landowner, including their lessees, heirs, or assigns, can withdraw groundwater from a well capable of producing 25,000 gallons or more per day without being liable for interference with neighboring landowners' water use.

Under the new provisions, a landowner is not liable for interference unless their groundwater withdrawal causes harm by lowering the water table or reducing artesian pressure, or if it has a direct and substantial effect on a watercourse or lake that unreasonably harms another person entitled to use that water. The bill also states that the amended section applies only to causes of action that accrue on or after the effective date of the Act, which is set to take effect 91 days after the end of the legislative session.

Statutes affected:
Introduced: Water Code 36.002 (Water Code 36)