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Texas Agriculture Archive

March 21, 2003

Water-related bill gets attention

State Rep. Robby Cook (D-Eagle Lake) has filed a bill that would increase the requirements a governmental entity must meet to condemn water rights.

According to Billy Howe, TFB state legislative director, current law requires a condemnation petition to describe the property being condemned, the public purpose for which the land will be used, the name of the property owner, and that the condemning entity and the landowner are unable to agree on the damages.

Cook's bill, HB 1532, would add several requirements a governmental entity must meet before a court approves condemnation. As proposed, the petitioning entity would have to:

•Show they have created a drought contingency plan.

•Show that a water conservation plan has been developed and implemented.

•Show they have pursued feasible and practicable alternative water supplies.

•Show they have made a good faith effort to acquire the rights to the water being condemned by voluntary purchase or lease.

"Representative Cook's legislation promotes the free market system for the purchase of water rights," Howe said. "Additionally, it forces entities with the power of eminent domain to consider other alternatives before using condemnation authority. Accordingly, Texas Farm Bureau supports the passage of HB 1532."

The state's largest farm organization also supports another Cook bill, HB 1618, that would place new restrictions on the ability of someone to receive a permit to export groundwater. Howe said the bill promotes common sense limitations on the export of groundwater.