It is our understanding that Rep. Turner has asked Sen. Wentworth to carry HB 247 in the Senate. Any help you can give us with Sen. Wentworth and/or the Senate Natural Resources Committee and/or the Lt. Governor and/or other Senators will be much appreciated. This legislation is the top priority of the Texas Wildlife Association this Session.

Many thanks,

David K. Langford
dkl@texas-wildlife.org

P.S. Please see info below on HB 247.

Texas Wildlife Association

Bill Analysis 77th Texas Legislature

Prepared: February 21, 2001

For more information contact: David K. Langford, (800) 839-9453

*The complete text of all bills is available on-line at Texas Legislature On-line at:
http://www.house.state.tx.us or http://www.senate.state.tx.us Bill number: HB 247

Bill title: An Act relating to the use of stored water for wildlife management on a person’s property.

Sponsor: Rep. Bob Turner (D-Coleman)

Summary: Rep. Turner is proposing to amend Sections 11.142 and 11.143 of the Texas Water Code to allow commercial or non-commercial wildlife management activities, including fishing, on impoundments holding less than 200-acre feet to be exempted from Texas Natural Resource Conservation Commission (TNRCC) permitting requirements. “Domestic and livestock use” are the only uses currently exempted.

Need: Currently, the Texas Water Code specifies “domestic or livestock use” as the only activities allowed on non-permitted impoundments of less than 200-acre feet. When the TNRCC chooses to strictly enforce the existing law, as it has recently, then practically every private landowner in the state is in violation and subject to a fine of $5,000 per day per impoundment. At this time, allowing a grandchild to fish in a stock tank, holding nature tourism picnics on the shore, allowing duck hunting over man-made wetlands and a myriad of other outdoor recreational activities, require that the pond be permitted, if the landowner doesn’t want to be in violation.

If this sounds far-fetched consider the case of Don Strange, a rancher from near Boerne who also runs a successful ranch tourism business on his property. He was recently repairing the dams on seven tanks that were damaged during the floods of 1998 when he received notice from TNRCC that he would be fined $5,000 per day per impoundment until he obtained the necessary permits. Despite the fact that Mr. Strange actually does use his tanks for domestic and livestock purposes, the TNRCC maintained that since the tanks were also used for entertaining clients as part of his ranch tourism operation, the impoundments needed to be permitted.

Caution: As this proposed change makes it way through the Legislature, we must be vigilant that it is not changed in some way that would have a major affect on water rights or unreasonably interfere with any downstream neighbors.

Conclusion: As it stands now, the recreational activities allowed, without a formal permit, on an impoundment are at the discretion of the TNRCC, and unfortunately, the interpretation has been subject to change on a whim. This proposal would codify and specifically exempt wildlife management activities providing clear guidelines for landowners and regulators alike.