2012 Texas Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagtx0093 and id is 1 raw text is: ATTORNEY GENERAL Op TEXAS
January 12, 2012
The Honorable J. Steven Houston           Opinion No. GA-0904
Brewster County Attorney
107 West Avenue E #7                      Re: Whether two bills that amend section 36.121
Alpine, Texas 79830                       of the Water Code, which relates to the regulatory
authority of groundwater conservation districts, are
in irreconcilable conflict (RQ-0985-GA)
Dear Mr. Houston:
You ask whether two bills enacted by the Eighty-second Legislature that purport to amend
section 36.121 of the Water Code are in irreconcilable conflict.'
Prior to the 2011 legislative session, section 36.121 of the Water Code read as follows, in
relevant part:
Except as provided by Section 36.117, a [groundwater
conservation] district that is created under this chapter on or after
September 1, 1991, shall exempt from regulation under this chapter
a well and any water produced or to be produced by a well that is
located in a county that has a population of 14,000 or less if the water
is to be used solely to supply a municipality that has a population of
121,000 or less and the rights to the water produced from the well are
owned by a political subdivision that is not a municipality, or by a
municipality that has a population of 100,000 or less, and that
purchased, owned, or held rights to the water before the date on
which the district was created, regardless of the date the well is
drilled or the water is produced.'
ILetter from Honorable J. Steven Houston, Brewster County Attorney, to Honorable Greg Abbott, Attorney
General of Texas (July 14, 2011), https:/iwww.oag.state.tx.us/opin/indexrq.shtml (Request Letter).
2Act of May 29, 1995, 74th Leg., R.S., ch. 933,  2, sec. 36.121, 1995 Tex. Gen. Laws 4673, 4691, amended
by Act of May 27, 2001, 77th Leg., R.S., ch. 966,  11.04, sec. 36.121, 2001 Tex. Gen. Laws 1991, 2082 (emphasis

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