SAWDF Legislative Update – May 29, 2025
Thank you, Thank you, Thank you
The Simsboro Aquifer Water Defense Fund [SAWDF] extends a heartfelt THANK YOU for the efforts of our supporters --- landowners, well owners and community minded-citizens --- to protect the Carrizo-Wilcox Aquifer and private property rights in groundwater. We are excited to announce that the two bills sponsored by SAWDF have passed both chambers and are on the Governor’s desk: HB 1633 and HB 29. [see status of bills below]
We received tremendous and consistent support from our legislators this session; Rep. Gerdes, Sen. Kolkhorst, and Sen. Schwertner. This was the first time we engaged Sen. Schwertner’s office, and he especially came thru on HB 1523 regarding Austin’s proposed ASR project in Bastrop County.
Reflecting on this legislative session, SAWDF’s consistent, persistent, and local focus has achieved remarkable results. When needed, SAWDF supporters testified in-person or online, made numerous phone calls, and wrote emails to key legislators. Thank you.
SAWDF hand delivered a “one-pager” on the need for HB 1633 to all 150 offices of state representatives. HB 1633 passed the House unanimously (first unanimous vote in bill’s eight-year history). And this was the first year the bill received a hearing in the Senate. We believe there was no opposition this legislative session because SAWDF has been talking with the opposition, TX Farm Bureau’s statewide consultant, for the last four years. We don’t know if we wore them down or what, but Farm Bureau told SAWDF executive director Andy Wier that they were not going to mount an opposition to the bill this session and would instead address other issues.
SAWDF used the same approach on HB 29, regarding municipal water loss. SAWDF executive director Andy Wier has been talking with San Antonio Water System (SAWS), Austin Water, and Houston Public Utilities since the concept for the bill was first proposed in 2023 by rancher & SAWDF supporter, Nancy McKee. SAWDF did not try to broadside or surprise the big cities. All SAWDF wants is for the big cities to reduce their horrendous water loss before water even gets to users’ taps. Of the estimated 500,000 acre-feet lost statewide each year, more than 300,000 acre-feet is lost by the eight largest cities. If the cities succeed, we don’t need the legislation. If cities resist, then the legislation speaks for itself. Rep. Gerdes’ staff led discussions between SAWDF, Houston, Austin, and SAWS on multiple occasions to wrestle with the language of the bill. SAWDF is satisfied with the final product because the cities have the “buy-in” necessary to begin seriously addressing their municipal water loss.
SAWDF must acknowledge the incredible support and information from Mr. Greg Ellis. Greg is the legislative consultant for Lost Pines GCD and many other GCDs. Greg helped mentor SAWDF executive director Andy Wier on Texas water law and the legislative process. Greg has our immense gratitude.
Everything water in Texas is in for some big changes in the coming years. We will be challenged by dwindling supplies of surface water and groundwater combined with an increase in demand to satisfy a thirsty population and industry. The 89th Legislature will send a constitutional amendment to voters in November asking them to approve $1 billion dollars per year for development of new water supplies, pipelines to move this “new” water, repairs to aging infrastructure, and flood control projects. NONE of the funds can be spent on pipelines for new groundwater projects like Vista Ridge! Senate committee Chairman Perry and House committee Chairman Harris made sure that provision was included in the resolution (HJR 7) and enabling legislation (SB 7). That provision is a direct result of SAWDF supporters testifying in person and online, over the last four years, at interim committee meetings and during the legislative session on critical groundwater bills.
You made it happen! Thank you.
Be Informed – Get Involved – Donate
Status of Bills Important to SAWDF
HB 1633 (89R) – Relating to the permitting of wells by groundwater conservation districts and certain restrictions on groundwater production from a well.
• Sent to the Governor 05/28/2025. The governor has 20 days to act on the bill. The governor has the option to sign, veto, or allow the bill to become law without a signature.
HB 29 (89R) – Relating to water losses reported by certain municipally owned utilities to the Texas Water Development Board; authorizing administrative penalties.
• Sent to the Governor 05/20/2025. The governor has until 05/30/2025 to act on the bill. The governor has the option to sign, veto, or allow the bill to become law without a signature.
HB 1523 (89R) – Relating to a temporary prohibition on the authorization by the Texas Commission on Environmental Quality of the use of a Class V injection well for certain aquifer storage and recovery projects.
• HB 1523 did NOT pass in the Senate.
• HB 1523 was filed by Representative Gerdes to force Austin Water to meet with stakeholders and share information about a proposed Aquifer Storage & Recovery [ASR] project in Bastrop County. The legislation was also supported by senators Kolkhorst [Lee] and Schwertner [Bastrop]. Despite the bill failing to pass, the bill has brought City of Austin to the negotiating table. SAWDF, Lost Pines GCD, City of Smithville, City of Bastrop, WCID#2, Bastrop County and Aqua WSC are meeting every two weeks with Austin Water to evaluate the next phase of the project, aquifer testing. SAWDF is planning to organize meeting(s) with landowners in the proposed ASR target area so landowners can protect their private property rights. More info coming in June.
Other Groundwater bills
HB 1689 (89R) – Relating to the use of certain groundwater export fees collected by a groundwater conservation district.
• Signed by the Governor and effective 9/1/2025.
• HB 1689 allows GCDs to use export fees for a joint mitigation fund to mitigate wells that failed due to large-scale pumping from two or more districts. Such a fund has been discussed by Lost Pines, Post Oak Savannah, and Brazos Valley GCDs.
HB 1690 (89R) – Relating to an application for a permit for the transfer of groundwater out of a groundwater conservation district.
• HB 1690 passed in the Senate with amendments and will return to the House. If the House votes to concur with the changes, the bill will be sent to the Governor’s desk.
• HB 1690 requires that when a GCD receives an application for a groundwater export project, the applicant must notify adjacent GCDs, neighboring counties, and publish notice in adjacent newspapers. This bill was filed by Representative Gerdes to ensure that projects like Vista Ridge do not come as a surprise to nearby well owners in adjacent counties.
HB 2078 (89R) – Relating to the joint planning of desired future conditions in groundwater management areas.
• HB 2078 passed in both chambers 5/27/2025 and will be sent to the Governor’s desk.
• HB 2078 requires a GCD to use plain language in the composition of their Management Plan. The bill also requires a GCD to publish 10-year targets for the 50-year Desired Future Condition adopted by the GCD. The 10-year targets will help GCDs to better monitor the condition of the aquifers they manage and make early corrections to pumping when needed.
HB 2080 (89R) – Relating to the review of the duties of a groundwater conservation district by the Texas Commission on Environmental Quality.
• HB 2080 passed in the Senate with amendments and will return to the House. If the House votes to concur with the changes, the bill will be sent to the Governor’s desk.
• HB 2080 specifies the responsibilities of the TCEQ and GCDs in resolving a Petition of Inquiry regarding a groundwater conservation district.
• After phone calls from SAWDF supporters and meeting with specific GCDs, Chairman Perry removed language from the bill that exempted certain permits from curtailment during drought conditions. Thank you, again, for making these changes happen.
SB 616 (89R) – Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.
• Signed by the Governor and effective 5/24/2025.
Editor's Note: The SAWDF Board of Directors can't say enough about how much we appreciate Andy Wier's efforts here at home and in the Legislature, plus anywhere else "water" is a central issue. For some reason, he reminds us of the movie title "Everything Everywhere All at Once"! The best part is that he makes it look easy, always with a smile, sincerity, and eternal optimism. Thank you, Andy!