Critical water legislation alert this weekend!!! Well owners & landowners across Texas!
- LIV
- 22 hours ago
- 5 min read
Updated: 3 hours ago
URGENT ACTION ALERT FOR THIS WEEKEND!
This alert is urgently important to share with the thousands of Texas landowners and households on wells, especially landowners with exempt water wells, defined loosely as, wells typically used for domestic or livestock.
Just in from our friends at SAWDF:
The reason for this critical water legislation alert is the need for emails and/or phone calls to Senator Lois Kolkhorst & Committee Members regarding the Committee Substitute for HB 1633.
89(R) CSHB 1633 (the Committee Substitute, not online -- LIV addition) - Senator Lois Kolkhorst: Relating to the permitting of wells by groundwater conservation districts and certain restrictions on groundwater production from a well. To further explain this critical water legislation alert:
Senator Kolkhorst is considering a committee substitute for HB 1633 [CSHB 1633] that may imperil passage of the original legislation, HB 1633—consideration of domestic/livestock wells when granting permits or permit amendments.
CSHB 1633 includes language that has absolutely nothing to do with the original bill. It is actually contradictory. In SAWDF’s opinion, it would be a travesty if the original HB 1633— as passed in the House, protecting more than 300,000 well owners, and having finally been heard in the Senate—were to be derailed by a special interest committee substitute.
What You Can Do
Contact Senator Kolkhorst and all members of the Water, Agriculture, and Rural Affairs committee. We have provided some talking points below:
· HB 1633 recognizes the groundwater rights of more than 300,000 domestic/livestock well owners, but the language in CSHB 1633 is contradictory, and may imperil passage of the original bill, only to serve a narrow, special interest in Bandera County.
· Senator Flores, who represents Bandera County, does NOT support CSHB 1633. CSHB 1633 serves constituents outside of Senator Kolkhorst’s District 18 AND risks the failure of legislation her District 18 constituents have worked on for the past six years!
· The Water, Agriculture, and Rural Affairs committee is working to secure Texas’ future water supply. CSHB 1633 will allow unlimited groundwater production for select entities, even during Stage-5 drought conditions, undoing the committee’s hard work.
· CSHB 1633 is contradictory, unwarranted, and undermines Senator Kolkhorst’s promise to protect groundwater resources\.
Call and/or email and/or leave a comment on Facebook. Urge them to pass HB 1633 and NOT the committee substitute.
Senator Charles Perry (Chair) Email: charles.perry@senate.texas.gov
District: 28 (Lubbock) Phone: (512) 463-0128
Senator Kelly Hancock (Vice Chair) Email: kelly.hancock@senate.texas.gov
District: 9 (North Richland Hills) Phone: (512) 463-0109
Senator Brian Birdwell Email: brian.birdwell@senate.texas.gov
District: 22 (Granbury) Phone: (512) 463-0122
Senator César Blanco Email: cesar.blanco@senate.texas.gov
District: 29 (El Paso) Phone: (512) 463-0129
Senator Roland Gutierrez Email: roland.gutierrez@senate.texas.gov
District: 19 (San Antonio) Phone: (512) 463-0119
Senator Adam Hinojosa Email: adam.hinojosa@senate.texas.gov
District: 20 (Corpus Christi) Phone: (512) 463-0120
Senator Nathan Johnson Email: nathan.johnson@senate.texas.gov
District: 16 (Dallas) Phone: (512) 463-0116
Senator Lois Kolkhorst Email: lois.kolkhorst@senate.texas.gov
District: 18 (Brenham = 18 counties) Phone: (512) 463-0118
Senator Kevin Sparks Email: kevin.sparks@senate.texas.gov
District: 31 (Midland) Phone: (512) 463-0131
Thank you for all your support.
Andrew Wier, Executive Director
Simsboro Aquifer Water Defense Fund [SAWDF]
512-545-4779 voice/text
MORE INFO ON THE SUBSTITUTE BILL, POSTED 5/11/25
CSHB 1633 (89R) – Senator Lois Kolkhorst
Relating to the permitting of wells by groundwater conservation districts and certain restrictions on groundwater production from a well.
A Committee Substitute for HB 1633 (CSHB 1633), that Sen. Kolkhorst may introduce in the Senate, adds provisions unrelated to the bill as passed by the House and risks derailing a critical policy reform supported by over 300,000 exempt well owners in Texas. SAWDF urges the Legislature to retain the original scope of HB 1633 and reject the committee substitute.
Original Purpose of HB 1633HB 1633, as passed by the Texas House, would require Groundwater Conservation Districts (GCDs) to consider unreasonable impacts to registered exempt wells (domestic and livestock use) when evaluating permits and permit amendments. This modest but essential reform affirms the groundwater rights of exempt well owners and strengthens statutory balance between permitted and exempt users.
Concerns with the Senate Substitute (CSHB 1633)
1. Creates a Special-Interest Carve-OutSection 1 of CSHB 1633 would prohibit Bandera County River Authority and Groundwater District (BCRAGD)—and only BCRAGD—from reducing groundwater pumping during extreme drought for facilities such as youth camps and event venues, including Camp OTX (RR 417 LLC), unless the district conducts and proves impairment via a costly hydrogeologic study. This burden currently belongs to the permit applicant under Texas Water Code Chapter 36. Shifting it to the district is inconsistent with sound regulatory practice and imposes costs on taxpayers and fee payers.
2. Contradicts the Intent of HB 1633The original bill seeks to protect exempt well users from the effects of permitted over pumping. The Senate substitute does the opposite—creating a statutory barrier to drought curtailments on large, permitted users and ignoring impacts to exempt wells altogether.
3. Undermines Local Drought Management AuthorityBandera County has been under Stage 4 or 5 drought declarations repeatedly since 2020. The BCRAGD adopted a Drought Management Plan with mandatory pumping reductions during extreme drought to preserve aquifer reliability. RR 417 LLC already received a variance from these rules in 2023 and has never come close to using its full annual allocation. No hardship has been demonstrated that would justify legislative exemption. This bill can be used by other large-scale producer [Vista Ridge, LCRA, etc.] to ignore curtailment.
4. Introduces Ambiguous Legal StandardsTerms such as “substantially impair” and “irreparable harm” to groundwater resources are undefined in law or science and would likely be subject to litigation. Additionally, enforcement would be practically impossible, especially for sand aquifer systems like the Trinity, which lack clear metrics for “irreparable harm.”
Action Needed
Contact Senator Kolkhorst and members of the Senate Committee on Water, Agriculture, and Rural Affairs. Urge them to:
· Reject the committee substitute.
· Advance HB 1633 in its House-passed form.
Let the legislation stand on its original, statewide purpose: protecting exempt well.
Senator Charles Perry (Chair) (512) 463-0128
Senator Kelly Hancock (Vice Chair) (512) 463-0109
Senator Brian Birdwell (512) 463-0122
Senator César Blanco (512) 463-0129
Senator Roland Gutierrez (512) 463-0119
Senator Adam Hinojosa (512) 463-0120
Senator Nathan Johnson (512) 463-0116
Senator Lois Kolkhorst (512) 463-0118
Senator Kevin Sparks (512) 463-0131
Thank you for all your support.
Andrew Wier
512-426-5002 voice/text
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