The bill amends Section 36.002 of the Texas 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 landowners, including their lessees, heirs, or assigns, are not liable for interference with the use of water by others when withdrawing groundwater from wells capable of producing 25,000 gallons or more per day.

Under the new provisions, a landowner is exempt from liability unless their groundwater withdrawal causes harm to neighboring landowners 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 someone entitled to use that water. The bill stipulates that these amendments apply only to causes of action that arise 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)