Texas Statutes
Subchapter D. Powers and Duties
Section 36.121. Limitation on Rulemaking Power of Districts Over Wells in Certain Counties

Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section 36.117, a district that is created under this chapter on or after September 1, 1991, shall exempt from regulation under this chapter a well and any water produced or to be produced by a well that is located in a county that has a population of 14,000 or less if the water is to be used solely to supply a municipality that has a population of 121,000 or less and the rights to the water produced from the well are owned by a political subdivision that is not a municipality, or by a municipality that has a population of 115,000 or less, and that purchased, owned, or held rights to the water before the date on which the district was created, regardless of the date the well is drilled or the water is produced. The district may not prohibit the political subdivision or municipality from transporting produced water inside or outside the district's boundaries.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 11.04, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1042 (H.B. 3109), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 181, eff. September 1, 2011.
Reenacted by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 21.002, eff. September 1, 2013.

Structure Texas Statutes

Texas Statutes

Water Code

Title 2 - Water Administration

Subtitle E - Groundwater Management

Chapter 36 - Groundwater Conservation Districts

Subchapter D. Powers and Duties

Section 36.101. Rulemaking Power

Section 36.1011. Emergency Rules

Section 36.1015. Rules for Permits in Brackish Groundwater Production Zones

Section 36.102. Enforcement of Rules

Section 36.103. Improvements and Facilities

Section 36.104. Purchase, Sale, Transportation, and Distribution of Water

Section 36.105. Eminent Domain

Section 36.106. Surveys

Section 36.107. Research

Section 36.1071. Management Plan

Section 36.1072. Texas Water Development Board Review and Approval of Management Plan

Section 36.1073. Amendment to Management Plan

Section 36.108. Joint Planning in Management Area

Section 36.1081. Technical Staff and Subcommittees for Joint Planning

Section 36.1083. Appeal of Desired Future Conditions

Section 36.10835. Judicial Appeal of Desired Future Conditions

Section 36.1084. Modeled Available Groundwater

Section 36.1085. Management Plan Goals and Objectives

Section 36.1086. Joint Efforts by Districts in a Management Area

Section 36.109. Collection of Information

Section 36.110. Publication of Plans and Information

Section 36.111. Records and Reports

Section 36.112. Drillers' Logs

Section 36.113. Permits for Wells; Permit Amendments

Section 36.1131. Elements of Permit

Section 36.1132. Permits Based on Modeled Available Groundwater

Section 36.114. Permit; Permit Amendment; Application and Hearing

Section 36.1145. Operating Permit Renewal

Section 36.1146. Change in Operating Permits

Section 36.115. Drilling or Altering Well Without Permit

Section 36.116. Regulation of Spacing and Production

Section 36.117. Exemptions; Exception; Limitations

Section 36.118. Open or Uncovered Wells

Section 36.119. Illegal Drilling and Operation of Well; Citizen Suit

Section 36.120. Information

Section 36.121. Limitation on Rulemaking Power of Districts Over Wells in Certain Counties

Section 36.122. Transfer of Groundwater Out of District

Section 36.123. Right to Enter Land

Section 36.124. District Act or Proceeding Presumed Valid