An analysis distributed by the Sierra Club states, if the Senate bill “becomes law, it will be the agent of both immediate and long-term ill effects on Texas' current groundwater management system.”
Note: An editorial from the San Antonio Express-News about the groundwater vested ownership bill fast advancing in the Legislature. Below the editorial, the take from Independent Texans. A hearing on House Bill 1730 by Rep. Allan Ritter was held yesterday before the House Committee on Natural Resources. Ritter chairs the committee. Companion SB 332 passed the Senate on March 30. Check these links for the Senate bill text, Senate Research Center analysis and Senate Natural Resources Committee witness list.Send your comments and news tips to roundup.editor@gmail.com, contact your legislators or click on the "comments" button at the bottom of the story
Read the complete editorial
Updated 01:34 a.m., Tuesday, April 5, 2011
The House should slam the brakes on legislation that would codify landowners' “vested right” to water underneath their property.
This legislation — which could have vast, complex repercussions — has not been thoroughly examined, having been subjected to a single hearing in the Senate.
The bill that passed the Senate is a merger of separate legislation filed by Senate Natural Resources Committee Chairman Troy Fraser, R-Horseshoe Bay, and Sen. Robert Duncan, R-Lubbock.
Observers say the bills were pushing for competing goals, and the merged result is confusing as a result.
The legislation appears to be a step away from the comprehensive water planning procedures that lawmakers have been working on for the last 20 years.
[snip]The legislation, which passed the Senate 28-3, requires a deep examination and must not be rubber-stamped.
We urge House members to slow down this train. In fact, this topic is so complex and important to planning for Texas' future, the issue should be explored in-depth by an interim committee — not rushed to law without thorough vetting.
Media release from Independent Texans
Linda Curtis
The people of Texas killed the grand scheme of the Trans-Texas Corridor. But according to Independent Texans, the state's only voter association for non-aligned and independent voters, the tentacles of the TTC still need to be cut-off, namely: the legislature's dangerous plan to move groundwater around the state.
The Natural Resources Committee in the Texas House deliberated Tuesday on the house version of SB 332, HB 1730 for "vested" water rights. They say that the bill is just part of an overall plan for groundwater transport that includes constitutional amendments that will make taxpayers pay for expensive pipelines and other projects, and to gain new taxing authority for the state – all to enrich private developers and water profiteers. (See SJR 25, HJR 137 and HJR 138.)
Larry Joe Doherty is a well-known wildlife advocate and attorney from Washington County who recently resigned from the Texas Wildlife Association Board because of their support for vested water rights.
Doherty said, "The water pipelines of the Trans-Texas Corridor did not die with the pavement. Profiteers are still trying to steal water from rural Texas and use so-called eminent domain land reform to triple-tax us to pay for it – first, to the big landowners who are selling their water rights, second to the companies who want to move the water, and third to the state for a whole new taxing authority."
Texans are calling their legislators and signing the “Kill the Trans-Texas Water Highway” petition at the Independent Texans’ website at www.IndyTexans.org.
5 comments:
What a bunch of alarmists! The water fairies are losing their minds right in front of us. How could so many of our legislators be so wrong? This is Representative Democracy at work; didn’t you people vote? Don’t forget about fluoridation of our drinking water. Conspiracy theories abound this time of the year; nothing new here.
to Anon #1
Yeah, we voted. The bastards just
don't represent what we want.
(Even though, as you say, we
supposedly live in a representative
democracy. Actually it's an
oligarchy by, of, and for the
well-connected.)
apparently the authors of the articles can write but not read. SB 332 does not "create a vested ownership" in the groundwater.
SB 332 requires GCDs to recognize that the landowner has a vested ownership interest in the groundwater. This is already the law and there is a difference between "ownership in place" and "ownership interest".
The modified version of SB 332 basically says despite these "rights" a GCD can prohibit you from having a residential well by spacing or other restrictions so that these "rights" aren't really much of a "right" after all.
Fortunately the legislation that enabled HTGCD protects property owners instead of excuses for ignoring their rights. Any time you hear someone making the "full Chapter 36" mantra, just realize that they support eliminating property rights.
What is wrong with “landowners' ‘vested right’ to water underneath their property”? That is the cornerstone of property ownership in the State of Texas. To take that away would be seizure of private property by the State. We already have cities exercising eminent domain by “taking” private property and giving it away to developers to enhance that city’s revenue.
This is a song sung by the Eco-Socialists in their never-ending quest for a socialist state. Don’t be fooled by these anarchists disguised as caring individuals and organizations, they want the government (their idea of government) to own and control everything.
You private property ideologues can harp all you want about water rights for the individual property owner - but here is the fight you will get from me:
I don't care how many of you property owners think the water under your owned ground is yours to do with as you please regardless of your neighbors. But if your irresponsible water consumption "right" - either residential or commercial - creates water shortages for me, you are going to first get a legal and a political fight from me.
On the other hand, the so-called "water fairies" (yes, it is a homophobic label) need to realize that although you think you know the the facts about the local geology and our future supply of water, simply forcing it on people without a ton of education and community outreach is just going to piss people off. It is time to make more of an effort to "preach outside the church." Clear and accurate data, in most cases, will make sense to sane people and create incremental changes (assuming it is truly accurate and believable data).
So it's time people from both sides of the water issue stop acting so selfishly stubborn and ideologically short-sighted (i.e. your brain is being consumed by obsessive-compusive disorder) and you end up saying "screw you and your individual rights - or water management vision - because I have these so-called other individual rights - or I have the truth - regardless of the consequences."
The Hays County community around the water issue is being pitted against each other for some valid and some wrong reasons. All of you, take your damn egos and your stubborn narrow-focused mindset out of the water equation - or this is gong to end up being more than just political and legal wrangling.
Now, I know we can't do anyting about the angry dysfunctional fruitcakes, but those of us with a large degree of sanity can work together sensibly and come up with solutions that benefit everyone.
Otherwise, the stereotypes about angry dumb rednecks and self-righteous phony superiority liberals end up being true.
Water is a non-negotiable resource for everyone. So user compromise and community cooperation is the only viable solution. And be aware that all the politicians regarding the water issue are playing all of us for chumps - and votes.
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