Texas lawmakers propose county-level water conservation bill

By Delaney Vega, Staff Writer

Published Mar 11, 2025

Biologist Jude Smith looks over a nearly dry spring at the Muleshoe National Wildlife Refuge outside Muleshoe, Texas, on Tuesday, May 18, 2021. The spring is fed by the Ogallala Aquifer, which is becoming depleted because of irrigation and drought. (AP Photo/Mark Rogers)

With one in four Texans living in unincorporated areas, the Texas legislature is considering ways to ensure officials in those regions have the authority to enact water conservation programs as needed. While such programs are common in urban areas like Fort Worth and Tarrant County, unincorporated and rural areas can often go unchecked. “Texas utilities are losing at least 572,000 acre-feet of water per year – more than the total 2020 annual water needs of the cities of Austin, Fort Worth, El Paso, Laredo and Lubbock combined,” according to a report from the National Wildlife Federation. Rep. Erin Zwiener, D-Driftwood, authored House Bill 2346, which would allow counties to implement water conservation programs. Policymakers and environmental advocates stress the need for proactive conservation strategies as Texas struggles to meet the water demands of a growing state.

Tomas De Leon, foreman of the Hidalgo County Irrigation District #3 pump station, walks along a canal that feeds water from the Rio Grande, Sept. 14, 2021, in Hidalgo, Texas. With several billion dollars in federal money secured for drought-stricken western states, managers and officials on the Rio Grande are hopeful some will reach their communities and bring attention to the challenges facing one of North America’s longest rivers. (AP Photo/Eric Gay)

In South Texas, water shortages contributed to business closures, including the last sugar cane grower and processor in Texas, Rio Grande Valley Sugar Growers, Inc. “The estimated annual economic losses resulting from water shortages range from approximately $110 billion in 2020 to $153 billion in 2070,” said Emma Rogers, media and public relations specialist for the Texas Water Development Board. “Job loss estimates range from 615,000 in 2020 up to 1.4 million in 2070,” she added. “If we do nothing, approximately four out of five Texans will face at least a 10 percent water shortage in their cities and residences by 2070, and approximately a quarter of all Texas’ municipal water users will have less than half of the water supplies that they require to live and work by 2070.”

Overview of HB 2346

The bill provides a framework for county commissioners to establish water conservation measures in unincorporated areas, including municipal extraterritorial jurisdictions. If passed, counties could impose water use restrictions, set conservation standards for new developments post-August 31, 2025 and introduce additional strategies to reduce water loss and promote sustainable water use. The bill exempts agricultural operations from these restrictions, recognizing the industry’s significant reliance on water for crop irrigation and livestock. Additionally, in cases where a county conservation order conflicts with a municipal ordinance, the municipal ordinance would take precedence. This clause ensures that urban areas maintain control over their water policies while allowing rural and unincorporated areas to implement localized conservation efforts that address their specific needs.

A natural spring fed by the Ogallala Aquifer fills a stock tank that provides water for wildlife at the Muleshoe National Wildlife Refuge outside Muleshoe, Texas, on Tuesday, May 18, 2021. The aquifer has become increasingly dry because of irrigation and drought. (AP Photo/Mark Rogers)

Potential impact of HB 2346

Supporters of the bill argue that it would allow counties to tailor conservation efforts to their specific needs, giving local officials greater flexibility to respond to water scarcity issues. They contend that by empowering counties, the state can take a more proactive approach to water conservation rather than relying solely on large-scale infrastructure projects. Advocates also point to the potential for cost savings, as conservation efforts could reduce the strain on existing water resources and delay the need for expensive infrastructure expansions. The report on Texas water conservation notes, “The cost of many loss mitigation technologies compares very favorably to various supply-side water management strategies such as seawater desalination and new major reservoirs.” This suggests that conservation measures implemented at the county level could be both effective and financially viable.

In this May 2, 2019 photo, a desalination plant stands in El Paso, Texas. Texas officials are struggling to ensure that they can sate everyone’s thirst as about 1,000 people arrive each day in a state where prolonged drought is a regular occurrence. Indications that the state’s water infrastructure is more fragile than once thought come as demographers expect the population to double by 2050 to more than 50 million. Officials are focusing more on long-term planning, but they must contend with aging water lines and other roadblocks. (AP Photo/Cedar Attanasio)

Critics, however, argue that increased regulations on water use could impose additional burdens on businesses and homeowners. The cost of compliance, including purchasing water-efficient fixtures or modifying landscaping, may be prohibitive for some individuals and small businesses. Graduate Director and Assistant Professor of Professional Practice in the Department of Environmental and Sustainability Sciences Michele Lira Birmingham said there won’t be any negative economic impact. “If we look at municipalities who have had water conservation programs for decades now, the impact has been relatively minor,” Birmingham said. “In fact, for most, reducing water decreases the water bill leading to cost savings.”

As the legislative process continues, HB 2346 contributes to ongoing discussions about water management in Texas. If passed, the bill could serve as a model for other states facing similar water conservation challenges, helping to establish best practices for managing water resources at the county level.

TCU 360

Texas lawmakers propose county-level water conservation bill

Overview of HB 2346

Potential impact of HB 2346

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