JD Key Consulting Logo
Signed Into Law
Signed May 29, 2025Effective 2025-09-01
SB3044

Regular Session

Relating to the composition of the board of directors and the powers of the Presidio County Underground Water Conservation District.

Government Affairs & Regulatory Compliance Analysis

SB3044: Government Affairs Overview

SB 3044 fundamentally alters the regulatory landscape for groundwater in Presidio County by expanding the Board of Directors to include municipal appointees and, critically, removing the applicability of Texas Water Code Section 36. 121. This removal eliminates the statutory prohibition on regulating certain domestic and livestock wells on tracts larger than 10 acres, effectively exposing previously exempt real estate developments and ranching operations to potential permitting, metering, and production limits.

Sen. Cesar Blanco·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

Presidio County Underground Water Conservation District • Texas Commission on Environmental Quality (TCEQ)

Business Impact

Who SB3044 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-09-01). Consider how these changes may affect your operations.

💧

Water

Affected business types:

  • Water utilities
  • Wastewater treatment facilities
  • Municipal water districts
  • Agricultural water users
View all water legislation

Key Operational Considerations

  • 1Compliance Officers: Train staff to monitor District agendas; the political balance of the Board is shifting from purely rural/agricultural to a hybrid municipal/rural model.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

Need Government Relations Support?

JD Key Consulting provides government affairs and regulatory strategy services. We help businesses navigate Texas agencies, understand legislative impacts, and advocate for their interests.

Need Help Navigating This Legislation?

JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.

SB3044
Moderate
Relating to the composition of the board of directors and the powers of the Presidio County Underground Water Conservation District.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Presidio County Underground Wate...TCEQ
Primary Author: Sen. Cesar Blanco
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025.
  • Compliance Deadline:
  • Municipalities: Must appoint directors immediately upon the effective date.
  • Landowners: Immediate audit of "exempt" wells required; strict compliance is contingent on subsequent District rulemaking.
  • Agency Rulemaking: The Presidio County Underground Water Conservation District (the "District") will likely initiate a rulemaking session in Q4 2025 to codify its new authority over previously exempt wells. A "regulatory gray zone" exists between September 1, 2025, and the adoption of these new District Rules.

Immediate Action Plan

  • Audit Land Holdings: Identify all wells on tracts >10 acres currently classified as "exempt" under TWC 36.121.
  • Update Title Commitments: Ensure title work for pending closings reflects the removal of the statutory exemption.
  • Engage with Municipalities: Stakeholders should lobby the Marfa and Presidio City Councils regarding their appointments to ensure business-literate directors are selected.
  • Prepare for Rulemaking: Subscribe to District notices immediately; the window to influence how the Board wields its new power over "exempt" wells will be short (likely late 2025).

Operational Changes Required

Contracts

  • Real Estate Purchase & Sale Agreements (PSAs): Revise all "Water Rights" and "Due Diligence" sections for Presidio County transactions. You must remove representations stating that wells on 10+ acre tracts are statutorily exempt from District permitting.
  • Development Agreements: If your project relies on the "10-acre exemption" for water supply (common in rural subdivisions), you must renegotiate terms to account for potential District-imposed production caps or metering costs.

Hiring/Training

  • Municipal Legal Teams (Marfa & Presidio): Establish a vetting protocol immediately for Board appointees. These appointees will act as fiduciaries for the District, not solely as city representatives, requiring specific governance training.
  • Compliance Officers: Train staff to monitor District agendas; the political balance of the Board is shifting from purely rural/agricultural to a hybrid municipal/rural model.

Reporting & Record-Keeping

  • Well Registration: Owners of previously exempt wells (domestic/livestock on >10 acres) must compile historical usage data, pump capacities, and drill logs immediately. If the District exercises its new power to require permits, this data will be essential to establish "historic use" claims.
  • Municipal Resolutions: The Cities of Marfa and Presidio must draft and file formal resolutions appointing their respective directors to the District Board.

Fees & Costs

  • Permitting Fees: Budget for potential new permitting and registration fees for wells that were previously exempt.
  • Metering Costs: If the District mandates metering for 10+ acre tract wells, anticipate hardware and installation costs of approximately $2,000–$5,000 per well, plus monthly reporting labor.

Strategic Ambiguities & Considerations

  • Scope of Retroactivity: The statute removes the exemption protection but does not explicitly "grandfather" existing wells. It is currently unclear if the District will apply new permitting requirements to *existing* wells or only *new* wells drilled after September 1, 2025. This will be decided during the District's rulemaking process.
  • Municipal vs. District Conflict: While the Cities appoint members, the District remains an autonomous political subdivision. The law does not define how conflicts between City water planning and District conservation goals will be resolved, leaving this to the political dynamics of the new 7-member Board.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

Schedule a Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Passed Senate
May 6, 2025
Passed House
May 16, 2025
Signed
May 29, 2025
Effective
Sep 1, 2025
TopicsPresidio County Underground Water Conservation DistrictPresidio CountySpecial Districts & AuthoritiesSpecial Districts & Authorities--groundwater Conserve Dist.Special Districts & Authorities--water & UtilityWaterWater--conservationMarfa, City ofPresidio, City of
03

Senate Authors

Sen. Cesar BlancoDemocrat · Primary Author

House Sponsor

Rep. Eddie MoralesDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Cesar Blanco

View all bills by Sen. Cesar Blanco

Related by Topic

View more Presidio County Underground Water Conservation District legislation
Quick Reference

Frequently Asked Questions

Common questions about SB3044

Q

What does Texas SB3044 do?

SB 3044 fundamentally alters the regulatory landscape for groundwater in Presidio County by expanding the Board of Directors to include municipal appointees and, critically, removing the applicability of Texas Water Code Section 36. 121. This removal eliminates the statutory prohibition on regulating certain domestic and livestock wells on tracts larger than 10 acres, effectively exposing previously exempt real estate developments and ranching operations to potential permitting, metering, and production limits.

Q

Who authored SB3044?

SB3044 was authored by Texas Senator Cesar Blanco during the Regular Session.

Q

When was SB3044 signed into law?

SB3044 was signed into law by Governor Greg Abbott on May 29, 2025.

Q

Which agencies enforce SB3044?

SB3044 is enforced by Presidio County Underground Water Conservation District and Texas Commission on Environmental Quality (TCEQ).

Q

How significant are the changes in SB3044?

The regulatory priority for SB3044 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB3044?

The cost impact of SB3044 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB3044 address?

SB3044 addresses topics including presidio county underground water conservation district, presidio county, special districts & authorities, special districts & authorities--groundwater conserve dist. and special districts & authorities--water & utility.

Q

What are the key dates for SB3044?

Key dates for SB3044: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026