May 2, 2025

SAWDF Legislative Update:

PublicHearing – testimony “in-person” only
Monday, May 5, 2025; 8AM
SenateWater, Agriculture, and Rural Affairs; Room E1.012

89(R) HB 1633 - Senator Lois Kolkhorst
Relating to the Criteria Considered by Groundwater Conservation Districts in Permitting Decisions

HB 1633 clarifies and expands the criteria that Groundwater Conservation Districts (GCDs) must consider when evaluating applications for permits or permit amendments. The bill adds “unreasonable impacts to registered exempt wells” to the list of factors that must be considered before granting or denying a permit. Most exempt wells are
domestic/livestock wells.

This bill has been introduced in more past legislative sessions than we care to recall. This is the first time in history that this legislation is being considered in the Senate! SAWDF and others have worked hard to get to this point.

Can you help make history and be present? You do not have to testify. If you are there in person, you can officially register in support of the bill. Your presence will make a huge impression on the committee. We’ll have lanyards you can wear to show your support. If you cannot make it in-person, you can send written testimony to awier.tx@gmail.com. Andy will print and include your testimony in the packet he gives to the committee.

Here are some Talking Points:

  • Domestic & livestock wells make up 55% of all water wells in Texas; more than irrigation, industrial, rig supply, municipal supply, or electric generation combined.
  • HB 1633 protects the private property rights of all Texans, both exempt well owners and permittees.
  • HB 1633 helps groundwater conservation districts balance the development of groundwater resources with consideration of domestic and livestock wells that are essential to rural economies.
  • HB 1633 acknowledges groundwater ownership of exempt well owners and considers their private property rights in the decision-making process for new permits or permit amendments.
  • HB 1633 amends Section 36.113(d)(2) to allow GCDs to consider the groundwater rights of all Texas well owners.
  • HB 1633 does not regulate exempt wells.
  • HB 1633 does not discriminate between groundwater rights.
  • HB 1633 does not create new rights for exempt well owners, only equal consideration when permits are issued.

89(R) HB 1689 - Sponsor Sen. Lois Kolkhorst
Relating to the use of certain groundwater export fees collected by a groundwater conservation district.

This lays the foundation for the creation of a joint mitigation fund by groundwater conservation districts [GCDs]. If passed by the Senate and signed by the Governor, GCDs would be allowed to collectively fund mitigation for drawdown in domestic and livestock wells affected by large-scale pumping, even if the pumping is across county
lines and involves more than one GCD.

If you are able to come on Monday, you can also register in support of this bill. The Lost Pines, Post Oak Savannah, and Brazos Valley GCDs have talked about creating a joint mitigation fund. This bill clears the legal obstacles that have slowed their efforts.

Thank you for all your support.