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
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 36.1071. 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 36.121. Limitation on Rulemaking Power of Districts Over Wells in Certain Counties
Section 36.122. Transfer of Groundwater Out of District