House Bill 16 33, presented to the Committee on Water, Agriculture & Rural Affairs, would add registered exempt wells to the factors Groundwater Conservation Districts (GCDs) must consider when issuing or amending groundwater permits.

Senator Kolkhorst, the sponsor presenting the bill to the committee, said the bill is intended to ensure GCDs “consider the potential impact of proposed water uses on exempt wells by explicitly requiring the evaluation of exempt wells alongside other factors such as existing water resources, permit holders, and groundwater quality.”

The committee heard an extended panel of supporters. Ted Boriak, vice president of the Water Protection Association of Gonzales County and a rancher, testified in strong support and described being in his fourth contested-case hearing over a neighboring large groundwater project. “These wells are absolute gotta have sources of water for these people. It's absolutely necessary for Texas agriculture,” Boriak said, warning that a recent permits tally in his area allocated substantial acre-feet to transport projects and left limited water for local use.

William Rhodes described a personal well that began ‘‘sucking air’’ in 2021 and testified the existing law did not clearly require districts to consider exempt wells. Warren Shirley and other landowners recounted wells that dried up or ponds and creeks that have diminished, describing the impacts on livestock and farms.

Groundwater district representatives also spoke. Greg Ellis, representing the Bandera County River Authority and Groundwater District and several other GCDs, said many districts already consider exempt wells in rules and mitigation programs but that the law currently does not require it uniformly across the state. Ellis said the bill would standardize that consideration, though some technical limitations remain in protecting the shallowest wells on a system.

Nonprofit and advocacy testimony included Andy Weir of the Simsborough Aquifer Water Defense Fund, who noted a map in his materials showing more than 300,000 domestic and livestock wells and said the bill does not change the regulation of exempt wells nor create new contesting rights; rather, it clarifies statutory authority to consider impacts. Vanessa Puig Williams of Environmental Defense Fund said the measure would improve groundwater management and protect property rights by allowing districts to consider impacts to registered exempt wells.

The committee opened the hearing for public testimony and received multiple speakers in support; the chair said a committee substitute was expected and left the bill pending until that substitute was available. No public testimony in opposition was recorded during the hearing.

Next steps: the committee left HB 16 33 pending to await a committee substitute before further action.