HomeMy WebLinkAboutRes 2011-02-01 Regarding Senate Bill 332.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2 ()1/.. DJ.-0 J •
A RESOLUTION OF THE CITY OF ANNA, TEXAS REGARDING SENATE BILL 332
WHEREAS, on January 12, 2011 Senator Fraser filed Senate Bill 332 (the "BiII") to be
considered by the 82 nd Texas Legislature; and
WHEREAS. the Bill seeks to amend Section 36.002 of the Water Code regarding the
ownership of and right to produce groundwater; and
WHEREAS, Section 1 of the Bill states that "A land owner, ... has a vested ownership
interest in and right to produce groundwater below the surface of the landowner's real
property"; and
WHEREAS, the City of Anna, Texas (the "City") currently operates seven water wells as
part of its municipal water supply and is the largest municipal groundwater producer in
Collin County; and
WHEREAS, the City has a substantial investment in its groundwater facilities; and
WHEREAS, The City Council of the City of Anna, Texas (the "City Council") supports
language in the bill that reaffirms the City's right to produce ground water below the
surface of property owned by the City; and
WHEREAS, in order to protect its production sources and maintain affordable water
rates for all customers, the City must be able to regulate the production of groundwater
within its Certificate of Convenience and Necessity ("CCN"); and
WHEREAS, the City Council believes that current language in the bill that creates a
·vested ownership interest" in groundwater could jeopardize the City's ability to protect
its production sources, maintain affordable water rates, and produce groundwater in
sufficient quantities necessary to serve all of its customers;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Amendments to Senate Bill 332
The Council requests that Senate Bill 332 be amended to:
CITY OF ANNA, TEXAS RESOLUTION No.2o/l-Q,2,.-;.O L PAGE 1 OF2
1. Clearly state that the ownership interest a land owner has in groundwater
beneath real property does not prevent a municipal government from
regulating the production of groundwater within its CCN, and that such
regulations do not constitute the taking of private property or create any type
of takings claim; and
2. Affirm the right of a municipal groundwater provider or water district to
produce ground water beneath property (regardless of size) owned or leased
by the water provider, and clearly state that, regardless of quantity, and
notwithstanding any other ownership claim, any groundwater lawfully
produced by a municipal water provider or water district, beneath property
owned or leased by the municipal water provider or water district is owned by
the municipal water provider or water district, and that such production does
not constitute the taking of private property or create any type of takings
claim.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th
day of February, 2011.
ATTEST:
CITY OF ANNA, TEXAS RESOLUTION No.JQJ.I-a:J.-OL PAGE 2 OF 2