New subdivisions that plan to use groundwater would need proof the water is there
What it does
HB 189 would require a plat application for a subdivision that plans to use groundwater under the land to include a statement prepared by a Texas licensed engineer or geoscientist certifying that adequate groundwater is available. A municipal authority or a county commissioners court would have to disapprove a plat application that fails to meet that requirement. The Texas Commission on Environmental Quality would set the form of the certification and define what counts as credible evidence of groundwater availability, with rules due by Jan. 1, 2028. The bill would also let a county commissioners court in a priority groundwater management area adopt water availability requirements in areas where platting is required.
What it means for your community
If you buy a home in a new subdivision, the developer would have to show that the groundwater under the land can support the whole development before the plat is approved. For cities and counties where groundwater is running low, local officials approving plats would have a clear reason to reject projects that could use more water than the area can supply. The change would apply only to plat applications filed on or after Jan. 1, 2028, when the bill takes effect.
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