89S10885 ANG-D     By: Harris H.B. No. 215       A BILL TO BE ENTITLED   AN ACT   relating to the liability of a landowner for the withdrawal and   beneficial use of groundwater.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 36.002, Water Code, is   amended to read as follows:          Sec. 36.002.  OWNERSHIP AND LIABILITY FOR WITHDRAWAL AND   BENEFICIAL USE OF GROUNDWATER.          SECTION 2.  Section 36.002, Water Code, is amended by   amending Subsection (b) and adding Subsection (b-2) to read as   follows:          (b)  The groundwater ownership and rights described by this   section entitle the landowner, including a landowner's lessees,   heirs, or assigns, to:                (1)  drill for and produce the groundwater below the   surface of real property, subject to the other provisions of this   section [Subsection (d)], without causing waste or malicious   drainage of other property or negligently causing subsidence; and                (2)  have any other right recognized under common law.          (b-2)  This subsection applies only to a landowner,   including a lessee, heir, or assign of a landowner, who withdraws   groundwater from a well capable of producing 25,000 gallons or more   of groundwater a day. A landowner, including a lessee, heir, or   assign of a landowner, who withdraws groundwater from the land and   uses it for a beneficial purpose is not liable for interference with   the use of water by another unless the withdrawal of groundwater:                (1)  causes harm to an owner of neighboring land by   lowering the water table or reducing artesian pressure; or                (2)  has a direct and substantial effect on a   watercourse or lake and unreasonably causes harm to a person   entitled to the use of water from the watercourse or lake.          SECTION 3.  Section 36.002, Water Code, as amended by this   Act, applies only to a cause of action that accrues on or after the   effective date of this Act.          SECTION 4.  This Act takes effect on the 91st day after the   last day of the legislative session.